Agenda packet — Palm Springs City Council, December 5, 2022 (part 10 of 11)

13.1.2 Any contract for the operation or management of the Project entered into by Owner with a Management Agent shall provide that the contract is subject to the provisions of this Regulatory Agreement. If the Project is not being operated and managed in accordance with the requirements and standards of this Regulatory Agreement, following expiration of any applicable cure period), and subject to the approval of the investor limited partner and all applicable Law, Owner shall remove the Management Agent and replace the Management Agent Item 3B - Page 199
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with a different Management Agent reasonably approved by City, pursuant to Section 12.1.

Subject to the terms of this Section 13.1.213.1.2, Owner’s failure to remove and replace the Management Agent in any such circumstance shall constitute a Default by Owner under this Regulatory Agreement..

13.2 Insurance.

13.2.1 Required Insurance. The Owner shall maintain, to protect the City Parties against all insurable claims resulting from the actions of the Owner in connection with this Regulatory Agreement, the Properties and the Project, at the sole cost and expense of the Owner during the Term hereof the following insurance (or its then reasonably available equivalent): (a) Liability Insurance; (b) Automobile Liability Insurance to the extent required by this Regulatory Agreement; (c) Property Insurance; and (d) Workers Compensation Insurance. The Owner shall require all subcontractors to maintain the same insurance required of the Owner set forth in this Section 12.2 prior to performing any work on the Properties or the Project.

13.2.2 Policy Requirements and Endorsements. All insurance policies required by this Regulatory Agreement shall contain (by endorsement or otherwise) the following provisions:

Insured. The Owner’s Liability Insurance and Automobile Liability Insurance policies shall name the City Parties as “additional insured.” The Owner’s Property Insurance policy shall name the City as a “loss payee.” The coverage afforded to the City Parties shall be at least as broad as that afforded to the Owner regarding the Properties and the Project and may not contain any terms, conditions, exclusions, or limitations applicable to the City Parties that do not apply to the Owner.

Primary Coverage. Any insurance or self-insurance maintained by the City Parties shall be in excess of all insurance required under this Regulatory Agreement and shall not contribute to any insurance required under this Regulatory Agreement.

Contractual Liability. The Owner’s Liability Insurance policy shall contain contractual liability coverage for the Owner’s indemnity obligations under this Regulatory Agreement. The Owner’s obtaining or failure to obtain such contractual liability coverage shall not relieve the Owner from nor satisfy any indemnity obligation of the Owner under this Regulatory Agreement.

Deliveries to the City. The Owner shall deliver to the City evidence of all insurance policies required by this Regulatory Agreement. No later than three (3) days before any insurance required by this Regulatory Agreement expires, is cancelled or its liability limits are reduced or exhausted, the Owner shall deliver to the City evidence of the Owner’s maintenance of all insurance this Regulatory Agreement requires. Owner shall forward any notice of cancellation to the City within two (2) business days from date of receipt by the Owner.

Waiver of Certain Claims. The Owner shall cause each insurance carrier providing insurance coverage under this Regulatory Agreement to endorse their applicable policy(ies) with a Waiver of Subrogation with respect to the City Parties, if not already in the policy. To the extent that the Owner obtains insurance with a Waiver of Subrogation, the parties Item 3B - Page 200
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release each other, and their respective authorized representatives, from any claims for damage to any person or property to the extent such claims are paid by such insurance policies obtained pursuant to and in satisfaction of the provisions of this Regulatory Agreement.

No Claims Made Coverage. None of the insurance coverage required under this Regulatory Agreement may be written on a claims-made basis.

13.2.3 Fully Paid and Non-Assessable. All insurance obtained and maintained by the Owner pursuant to this Section 13.213.2 shall be fully paid for and nonassessable. However, such insurance policies may be subject to insurer audits.

13.2.4 City Option to Obtain Coverage. During the continuance of an Event of Default arising from the failure of the Owner to carry any insurance required by this Regulatory Agreement, the City may, at its option, purchase any such required insurance coverage and the City shall be entitled to immediate payment from the Owner of any premiums and associated reasonable costs paid by the City for such insurance coverage. Any amount becoming due and payable to the City under this Section 13.2.413.2.4 that is not paid within fifteen (15) calendar days after written demand from the City for payment of such amount, within an explanation of the amounts demanded, will bear interest from the date of the demand at the rate of eight percent (8%) per annum or the maximum interest rate allowed by applicable law, whichever is less. Any election by the City to purchase or not to purchase insurance otherwise required by the terms of this Regulatory Agreement to be carried by the Owner shall not relieve the Owner of its obligation to obtain and maintain any insurance coverage required by this Regulatory Agreement.

13.2.5 Separation of Insured. The Owner’s Liability Insurance and Automobile Liability Insurance policies shall provide for separation of insured for the Owner and the City Parties. Insurance policies obtained in satisfaction of or in accordance with the requirements of this Regulatory Agreement may provide a cross-suits exclusion for suits between named insureds, but shall not exclude suits between named insureds and additional insureds.

13.2.6 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions under insurance policies required by this Regulatory Agreement shall be declared to and reasonably approved by the City. The Owner shall pay all such deductibles or self-insured retentions regarding the City Parties or, alternatively, the insurer under each insurance policy required by this Section 13.213.2 shall eliminate such deductibles or self-insured retentions with respect to the City Parties.

13.2.7 No Separate Insurance. The Owner shall not carry separate or additional insurance concurrent in form or contributing in the event of loss with that required under this Regulatory Agreement, unless the City is made an additional insured thereon, as required by this Regulatory Agreement.

13.2.8 Insurance Independent of Indemnification. The insurance requirements of this Regulatory Agreement are independent of the Owner indemnification and other obligations under this Regulatory Agreement and shall not be construed or interpreted in any way to satisfy, restrict, limit, or modify the Owner’s indemnification or other obligations or to Item 3B - Page 201
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limit the Owner’s liability under this Regulatory Agreement, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall the provision of such insurance preclude the City from taking such other actions as are available to it under any other provision of this Regulatory Agreement or otherwise at law or in equity.

13.2.9 Nature of Insurance. The policies of insurance required by this Regulatory Agreement shall be issued by carriers that: (a) are listed in then current “Best’s Key Rating Guide—Property/Casualty—United States & Canada” publication (or its equivalent, if such publication ceases to be published) with a minimum financial strength rating of “A-” and a minimum financial size category of “XI” (exception may be made for the California Compensation Insurance Fund when not specifically rated); and (b) are authorized to do business in California.

The Owner may provide any insurance under a “blanket” or “umbrella” insurance policy, provided that: (i) such policy or a certificate of such policy shall specify the amount(s) of the total insurance allocated to the Properties and the Project, which amount(s) shall equal or exceed the amount(s) required by this Regulatory Agreement; and (ii) such policy otherwise complies with this Regulatory Agreement.

14. Maintenance of the Project. The Owner, for itself, its successors and assigns, hereby covenants and agrees that the exterior areas of the Project which are subject to public view (e.g.: all improvements, paving, walkways, landscaping, and ornamentation) shall be maintained in good repair and in a neat, clean and orderly condition, ordinary wear and tear excepted. In the event that at any time during the Term, there is an occurrence of an adverse condition on any area of the Project which is subject to public view in contravention of the general maintenance standard described above (“Maintenance Deficiency”), then the City shall notify the Owner in writing of the Maintenance Deficiency and give the Owner thirty (30) calendar days from the date of such notice to cure the Maintenance Deficiency as identified in the notice, or such additional time as reasonably necessary to cure the Maintenance Deficiency, if such Maintenance Deficiency cannot reasonably be cured within such thirty (30) day period. “Maintenance Deficiency” includes, without limitation, the following inadequate or non-conforming property maintenance conditions and/or breaches of residential property use restrictions: (i) failure to properly maintain the windows, structural elements, and painted exterior surface areas of the units in a clean and presentable manner; (ii) failure to keep the common areas of the Project free of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or free of storage of lumber, building materials or equipment not regularly in use on the Properties; (iii) failure to regularly maintain, replace and renew the landscaping in a reasonable condition free of weed and debris; and (iv) the use of garage areas on the Project for purposes other than the parking of motor vehicles and the storage of personal possessions and mechanical equipment of persons residing in the Project.

14.1 In the event the Owner fails to cure or commence to cure the Maintenance Deficiency within the time allowed, the City may thereafter conduct a public hearing following transmittal of written notice thereof to the Owner ten (10) calendar days prior to the scheduled date of such public hearing in order to verify whether a Maintenance Deficiency exists and whether the Owner has failed to comply with the provision of this Section 14. If, upon the conclusion of a public hearing, the City makes a finding that a Maintenance Deficiency exists and that there appears to be non-compliance with the general maintenance standard, as described above, then the City shall have the right to enter the Project (exterior areas of the Project which are subject to Item 3B - Page 202
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public view only) and perform all acts necessary to cure the Maintenance Deficiency, or to take other action at law or equity that the City may then have to accomplish the abatement of the Maintenance Deficiency. Any sum expended by the City for the abatement of a Maintenance Deficiency as authorized by this Section 14.1 shall be due and payable by Developer.

14.2 Graffiti which is visible from any public right-of-way which is adjacent or contiguous to the Project shall be removed by the Owner from any exterior surface of a structure or improvement on the Project by either painting over the evidence of such vandalism with a paint which has been color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water as appropriate. In the event that graffiti is placed on the Project (exterior areas only) and such graffiti is visible from an adjacent or contiguous public right-of-way and thereafter such graffiti is not removed within seventy-two (72) hours following the time of its application, or the Owner’s actual knowledge of its existence, whichever occurs later; then in such event and without notice to the Owner, the City shall have the right to enter the Project and remove the graffiti. Notwithstanding any provision of the Regulatory Agreement to the contrary, any sum expended by the City for the removal of graffiti from the Project as authorized by this Section 14.2 shall be due and payable by Developer.

14.3 Capital Replacement Reserve Account. The Owner shall establish an account for the payment of repair and replacement of capital items (“Capital Replacement Reserve Account”) in an initial amount as required by the Institutional Lenders for the Project or the investor limited partner of the Owner. Each year thereafter, the Owner shall deposit into the Capital Reserve Replacement Account additional amounts as required by the Institutional Lenders for the Project or the investor limited partner of the Owner, but not less than Five Hundred Dollars ($500) per Qualifying Unit per year.

14.3.1 Capital Repairs and Replacements. Capital repairs and replacements shall include, but not be limited to, the following: wet and dry utilities; roof repair and replacement as necessary; repair and replacement of boilers and the major operating components thereof; stucco repair and replacement; exterior painting; replacement of carpeting and vinyl or other hard surface flooring; replacement of drapes; replacement of dishwashers, garbage disposals and other interior appliances; repair and replacement of heating, ventilating and air conditioning systems, equipment and components; and installation of solar panels. All of the foregoing and other similar expenditures on the Project shall be considered to be qualifying capital repair and replacement expenses. Interior painting and servicing, repair or replacement of interior hardware shall not be considered to be a capital repair, but shall be ordinary operating expenses for the Project. The Owner shall withdraw funds from the Capital Replacement Reserve Account to pay such capital repair and replacement expenses as the Owner may deem necessary for the purposes of meeting the maintenance and replacement obligations described herein.

14.3.2 Insured Depository. The Capital Replacement Reserve Account shall be maintained in a depository insured by an agency of the federal government.

14.3.3 Documentation. Annually, or more frequently at the City’s reasonable request, the Owner shall document the level of capital repairs and replacements for the preceding period. The Owner shall maintain and shall provide as requested documentation showing the quantity and price of items purchased, price of materials and the cost of contracted Item 3B - Page 203
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labor or other services incurred in connection with such capital repair and replacement, and such other items as the City may reasonably request.

14.3.4 Withdrawals from Reserve Account. On an annual basis, the Owner shall notify the City of the anticipated cash requirements which will need to be withdrawn from the Capital Replacement Reserve Account. Amounts so budgeted may be withdrawn by the Owner from the indicated Capital Replacement Reserve Account without City approval. Other withdrawals for unbudgeted, unanticipated or emergency Project expenditures may be withdrawn by the Owner without prior the City approval, but the Owner shall notify the City in writing within ten (10) calendar days after withdrawal. All amounts so withdrawn by the Owner shall be expended on the Project and in accordance with this Regulatory Agreement. Other than for budgeted expenditures, withdrawals in excess of Twenty-Five Thousand Dollars ($25,000) in any one calendar year shall be pre-approved by the City in its reasonable discretion, subject to the rights of any Senior Lenders or the investor limited partner of the Owner.

14.3.5 Interest Earned on Funds in the Capital Replacement Reserve Account. Any interest or other earnings from sums deposited into the Capital Replacement Reserve Account shall be retained in and added to the balance in said account.

14.3.6 Capital Needs Assessment. If requested in writing by the City, the Owner shall deliver to the City, for the City’s reasonable review and approval, a capital needs assessment (“CNA”) no more often than every ten (10) years after the date of the Certificate of Completion for the Project. The CNA shall include an analysis of the Owner’s actual expenditures for capital needs compared to the most recently approved CNA, the Owner’s original operating budget and its then-current operating budget. Each CNA shall include a ten (10) year capital needs assessment or analysis of replacement reserve requirements prepared by a qualified third party in accordance with reasonable and customary standards for similar residential rental projects.

14.3.7 Displacement of Residents and Relocation. The Owner shall make reasonable commercial efforts to conduct capital repairs and replacements and ordinary repair and maintenance (collectively, “Repairs”) in good faith and in a manner that does not result in the displacement of any of the residents of the Units. If any of the Owner’s actions to conduct Repairs result in displacement of any of the Units’ residents, the Owner shall notify the City in writing, prior to conducting such Repairs, of the identities of the residents to be displaced, the Units they will be displaced from, and the estimated length of time such residents shall be displaced. If the displacement of the residents triggers relocation obligations, the Owner shall be responsible, at its sole cost and expense, for any and all such relocation obligations and related expenses. The Owner shall comply with all applicable federal, state and local laws, rules and regulations regarding such relocation obligations and related expenses, including any relocation requirements set forth by the City. The Owner shall defend, indemnify and hold harmless the City Parties from and against all liability for any relocation obligations and related expenses attributable to any Repairs.

15. Covenants to Run With the Land. The Owner and the City hereby declare their specific intent that the covenants, reservations and restrictions set forth herein are part of a plan for the promotion and preservation of affordable housing within the territorial jurisdiction(s) of the City and that each shall be deemed covenants running with the land and shall pass to and be binding upon the Properties and each successor-in-interest of the Owner in the Properties for the Term.

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The Owner hereby expressly assumes the duty and obligation to perform each of the covenants and to honor each of the reservations and restrictions set forth in this Regulatory Agreement. Each and every contract, deed or other instrument hereafter executed covering or conveying the Properties or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

16. Burden and Benefit. The City and the Owner hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land in that the Owner’s legal interest in the Properties is affected by the affordable dwelling use and occupancy covenants hereunder. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Properties by the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the affordable housing goals and objectives of the City and in order to make the Properties available for acquisition by the Owner.

17. Meet and Confer Prior to End of Term. Not less than 12 months prior to the end of the Term of this Agreement, the City and the Owner shall meet and confer to discuss opportunities to extend the Term of the Agreement, or otherwise maintain the affordability of the Qualifying Units. If after such meet and confer process the parties are unable to agree upon a means to maintain the affordability of the Qualifying Units, the parties shall further discuss a process to transition the existing residents of the Qualifying Units into suitable replacement housing.

18. Defaults.

18.1 Events of Default. The occurrence of any of the following is a default and shall constitute a material breach of this Regulatory Agreement and, if not corrected, cured or remedied in the time period set forth in Section 18.218.2, shall constitute an “Event of Default” hereunder:

18.1.1 failure of the Owner or any person under its direction or control to comply with or perform when due any material term, obligation, covenant or condition contained in this Regulatory Agreement;

18.1.2 any warranty, representation or statement made or furnished to the City by the Owner under this Regulatory Agreement that is false or misleading in any material respect (meaning that it impacts the consideration that the City receives under this Agreement, including but not limited to the affordability of the Qualifying Units) either now or at the time made or furnished;

18.1.3 the dissolution or termination of the existence of the Owner as an ongoing business, insolvency, appointment of a receiver for any part of the Properties of the Owner, any assignment for the benefit of creditors, any type of creditor workout or the commencement of any proceeding under any bankruptcy or insolvency laws by or against the Owner; or

18.1.4 an Event of Default pursuant to the Affordable Housing Agreement.

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18.2 Notice of Default. The City shall give written notice of default to the Owner, in accordance with Section 2525, stating that such notice is a “Notice of Default”, specifying the default complained of by the City and requiring the default to be remedied within thirty (30) calendar days of the date of the Notice of Default. Except as required to protect against further material damage, the City may not institute legal proceedings against the Owner until thirty (30) calendar days after providing the Notice of Default. Failure or delay in giving a Notice of Default shall not constitute a waiver of any default, nor shall it change the time of occurrence of the default. If the default specified in the Notice of Default is such that it is not reasonably capable of being cured within thirty (30) calendar days, and if the Owner initiates corrective action within said thirty (30) calendar day period and diligently works to effect a cure as soon as possible, then the Owner may have such additional time as reasonably necessary to complete the cure of the default prior to exercise of any other remedy for the occurrence of an Event of Default. The City shall give the investor limited partner in the Owner the following notice and cure rights:

18.2.1 The City will give the limited partner a copy of any Notice (at the limited partner’s address provided in a notice by the Owner to the City) that the City gives to the Owner under this Regulatory Agreement, provided that Owner has provided the address and contact information for the investor limited partner in writing to the City;

18.2.2 The City will give the limited partner thirty (30) days after the limited partner’s receipt of such Notice to cure a non-payment of any sum due under this Regulatory Agreement;

18.2.3 The City will give the limited partner sixty (60) days after the limited partner’s receipt of such Notice to cure any other default under this Regulatory Agreement;

18.2.4 If a non-monetary default is incapable of being cured within sixty (60) days, the City will give the limited partner an additional ninety (90) days to cure such default provided the limited partner has commenced to cure such default and is diligently proceeding to cure such default through the end of such period; and

18.2.5 If the limited partner makes any such payment or otherwise cures such default, the City will accept such action as curing such default as if such payment or cure were made by the Owner.

18.2.6 If the Owner fails to take (or commence to take, as applicable) corrective action relating to a default within thirty (30) calendar days following the date of Notice of Default (or to complete the cure within the additional time provided for above or within the time set forth above for the limited partner of the Owner), an Event of Default shall be deemed to have occurred.

18.2.7 Inaction Not a Waiver of Default. Any failure or delays by the City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the City in asserting any of its rights and remedies shall not deprive the City of its right to institute and maintain any actions or proceedings which it may reasonably deem necessary to protect, assert or enforce any such rights or remedies.

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19. Remedies. Upon the occurrence of an Event of Default, the City shall, in addition to the remedial provisions of Section 14 as related to a Maintenance Deficiency at the Properties, be entitled to seek any appropriate remedy or damages by initiating legal proceedings as follows:
(i) by mandamus or other suit, action or proceeding at law or in equity, to require the Owner to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City; or (ii) by other action at law or in equity as necessary or convenient to enforce the obligations, covenants and Agreements of the Owner to the City.

19.1 Rights and Remedies are Cumulative. The rights and remedies of the City as set forth in this Section 1919 are cumulative and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner.

19.2 Enforcement by Third Parties. No third party shall have any right or power to enforce any provision of this Regulatory Agreement on behalf of the City or to compel the City to enforce any provision of this Regulatory Agreement against the Owner or the Project.

20. Governing Law. This Regulatory Agreement shall be governed by the laws of the State of California and applicable federal laws, without regard to its conflicts of laws principles.

21. Amendment. This Regulatory Agreement may be amended after its recordation only by a written instrument executed by the Owner and the City.

22. Attorney’s Fees. In the event that a party to this Regulatory Agreement brings an action to enforce any condition or covenant, representation or warranty in this Regulatory Agreement or otherwise arising out of this Regulatory Agreement, the prevailing party(ies) in such action shall be entitled to recover from the other party reasonable attorneys’ fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit.

23. Severability. If any provision of this Regulatory Agreement shall be declared invalid, inoperative or unenforceable by a final judgment or decree of a court of competent jurisdiction such invalidity or unenforceability of such provision shall not affect the remaining parts of this Regulatory Agreement which are hereby declared by the parties to be severable from any other part which is found by a court to be invalid or unenforceable.

24. Time is of the Essence. For each provision of this Regulatory Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed to be of the essence.

25. Notices, Demands and Communications Between the Parties. Any and all notices submitted by any party to another party pursuant to or as required by this Regulatory Agreement shall be dispatched by messenger for immediate personal delivery, by a nationally recognized overnight courier service that provides a receipt with the time and date of delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the party, as set forth in this Section. Such notice may be sent in the same manner to such other addresses as any party may from time to time designate by notice. Any notice shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the Item 3B - Page 207
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sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, on the date of delivery by a nationally recognized overnight courier service, or two (2) calendar days after it is placed in the United States mail, as provided in this Section. Rejection, other refusal to accept or the inability to deliver any notice because of a changed address of which no notice was given or other action by a person or entity to whom notice is sent, shall be deemed receipt of the notice.

The following are the authorized addresses for the submission of notices to the parties, as of the date of this Regulatory Agreement:

To the Owner: Aloe Palm Canyon, L.P.
c/o West Hollywood Community Housing
Corporation
7530 Santa Monica Blvd.

West Hollywood, CA 90046
Attn: President and CEO
To the City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA
Attn: City Manager

26. Recording. The parties hereto shall cause this Regulatory Agreement to be recorded in the official records of the County of Riverside.

27. No Third Party Beneficiary. No claim as a third-party beneficiary under this Regulatory Agreement by any person, corporation or any other entity, shall be made or be valid against the City or the Owner.

28. Prohibition Against Transfer.

28.1 Except as expressly provided in the Affordable Housing Agreement, the Owner shall not, without prior written approval of the City, which may not be unreasonably withheld, delayed or conditioned: (i) assign or attempt to assign this Regulatory Agreement or any right herein; or (ii) make any total or partial sale, transfer, conveyance, lease, leaseback, or assignment of the whole or any part of the Properties or the improvements thereon, with the exception of leases of the residential units as permitted by this Regulatory Agreement, or permit to be placed on any of the Properties any unauthorized mortgage, trust deed, deed of trust, encumbrance or lien.

28.2 In the absence of specific written agreement or approval by the City, no unauthorized sale, transfer, conveyance, lease, leaseback or assignment of the Properties shall be deemed to relieve the Owner or any other party from any obligations under this Regulatory Agreement.

29. City Approvals and Actions. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, grant extensions of time, approve amendments Item 3B - Page 208
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to this Regulatory Agreement and execute documents on behalf of the City (to the extent not provided otherwise in this Regulatory Agreement), including, without limitation, any documents necessary to implement any changes in the number or affordability of the Qualifying Units, as may be required by TCAC, so long as such actions do not reduce the length of affordability of the Qualifying Units or add to the costs incurred or to be incurred by the City as specified herein. The City Manager reserves the right, in his or her sole and absolute discretion, to submit any requested modification, interpretation, amendment or waiver to the City Council if the City Manager determines or believes that such action could increase the risk, liability or costs to the City, or reduce the length of affordability of the Project.

IN WITNESS WHEREOF, the Owner and the City have caused this Regulatory Agreement to be signed, acknowledged and attested on their behalf by duly authorized representatives in counterpart original copies which shall upon execution by all of the parties be deemed to be one original document.
[Signatures On Following Pages]
Item 3B - Page 209
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AUTHORITY SIGNATURE PAGE
TO

REGULATORY AGREEMENT
(Stevens Road And Palm Canyon Drive)
CITY: Date:

CITY OF PALM SPRINGS
A California charter city and municipal corporation
By:

Justin CliftonTeresa Gallavan
Interim City Manager

ATTEST:

City Clerk
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OWNER SIGNATURE PAGE
TO

REGULATORY AGREEMENT
(Stevens Road and Palm Canyon Drive)
ALOE PALM CANYON, L.P.,
a California limited partnership
By: Aloe Palm Canyon LLC, a California limited
liability company, its general partner

By: West Hollywood Community Housing
Corporation, a California nonprofit public benefit
corporation, its sole member/manager
By:

Jesse Slansky, President and CEO

Item 3B - Page 211
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ATTACHMENT NO. 1
TO

REGULATORY AGREEMENT
(Stevens Road and Palm Canyon Drive)
Property Legal Description

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A: ASSESSOR’S PARCEL NO: 505-182-010

ALL THAT REAL PROPERTY SITUATED IN THE COACHELLA VALLEY COUNTY

WATER DISTRICT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, IN THE TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE

AND MERIDIAN, BY METES AND BOUNDS, COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 10; THENCE SOUTH 89°51’ WEST, 353 FEET TO THE CENTER LINE OF THE COUNTY HIGHWAY; THENCE SOUTH ON THE CENTER LINE OF THE COUNTY HIGHWAYS, 700.13 FEET;
THENCE SOUTH 89°50’ WEST 30 FEET, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°50’ WEST, 205.88 FEET; THENCE SOUTH 0°10’ EAST, 211.68 FEET; THENCE NORTH 89°50’ EAST 205.30 FEET, MORE OR LESS TO THE WESTERLY LINE OF SAID COUNTY HIGHWAY;
THENCE NORTH ON SAID WESTERLY LINE OF THE COUNTY HIGHWAY, 211.88 FEET MORE OR LESS, TO THE POINT OF BEGINNING.

PARCEL B: (PORTION ASSESSOR’S PARCEL NO. 505-182-004)
LOT 12 IN BLOCK A OF LOS ANGELES PALMAS ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 15 PAGES 15 AND 16 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCEL B1: (PORTION ASSESSOR’S PARCEL NO. 505-182-004)
THAT PORTION OF LOTS 5 AND 6 IN BLOCK A OF LAS PALMAS ESTATES, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGES 15 AND 16 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 5, BEING ALSO THE MOST NORTHERLY CORNER OF SAID LOT 6;
THENCE SOUTH 89°50’ WEST ALONG THE BOUNDARY LINE OF SAID LOT 5, 35.77 FEET;
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THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON THE NORTHERLY LINE OF CAMINO DEL NORTE, 3 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT 6;

THENCE SOUTH ALONG THE EASTERLY LINE OF CAMINO DEL NORTE TO THE SOUTHWESTERLY CORNER OF SAID LOT 6;
THENCE EASTERLY, ALONG THE SOUTHERLY LINE OF SAID LOT 6, TO THE SOUTHEASTERLY CORNER OF SAID LOT;
THENCE NORTHERLY, ALONG THE EASTERLY LINE OF SAID LOT 6, TO THE POINT OF BEGINNING.

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ATTACHMENT NO. 2
TO

REGULATORY AGREEMENT
(Stevens Road and Palm Canyon Drive)
Certification of Tenant Eligibility
NOTE TO PROPERTY OWNER: This form is designed to assist you in computing Annual Income.

Re: Stevens Road and Palm Canyon Drive, Palm Springs, California I/We, the undersigned, state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the property listed above. Listed below are the names of all persons who intend to reside in the unit:

1. 2. 3. 4. 5.

Names of
Members of
Household
Relationship to
Head of
Household
Age Social Security
Number
Place of
Employment

6. Head of Household (check one):

Mother: ____
Father: ____
Other: _____________ (specify relationship – i.e. legal guardian, sister, brother, etc.)

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Income Computation

7. The total anticipated income, calculated in accordance with the provisions of this Section 77, of all persons over the age of 18 years listed above for the 12-month period beginning the date that I/we plan to move into a unit is $ ____________________.

Included in the total anticipated income listed above are:
(a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets); (c) interest and dividends (including income from assets excluded below); (d) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of period receipts, including any lump sum payment for the delayed start of a periodic payment;
(e) payments in lieu of earnings, such as unemployment and disability compensation, workmen’s compensation and severance pay; (f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities; (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gifts received from persons not residing in the dwelling; (h) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (i) any earned income tax credit to the extent that it exceeds income tax liability. Excluded from such anticipated income are:
(j) casual, sporadic or irregular gifts;
(k) amounts which are specifically for or in reimbursement of medical expenses;
(l) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen’s compensation), capital gains and settlement for personal or property losses; (m) amounts of educational scholarship paid directly to the student of the educational institution, and amounts paid by the government to a veteran for use in meeting the Item 3B - Page 215
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costs of tuition, fees, book and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes, are to be included in income; (n) special pay to a household member who is away from home and exposed to hostile fire;
(o) relocation payments under Title 11 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(p) foster child care payments;
(q) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977;
(r) payments to volunteers under the Domestic Volunteer Service Act of 1973; payments received under the Alaska Native Claims Settlement Act. (s) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes;
(t) payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program;
(u) payments received from the Job Training Partnership Act; (v) the first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims.

8. Do the persons whose income or contributions are included in item 6 above:
(a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land)? ___ Yes ____ No; or (b) have they disposed of any assets (other than at a foreclosure or bankruptcy sale) during the last two years at less than fair market value? ___Yes ___No (c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? ___Yes ___No (d) If the answer to (c) is yes, state:
(i) the amount of income expected to be derived from such assets in the 12-month period beginning on the date of initial occupancy in the unit that you propose to rent:
$______; and
(ii) the amount of such income, if any, that was included in item 6 above: $______
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9. _____________
(a) Are all of the individuals who propose to reside in the unit full-time students*? ____Yes ____No
*A full-time student is an individual enrolled as a full-time student during each of five calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. (b) If the answer to 8(a) is yes, is at least one of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? ____Yes ____No

10. Neither myself nor any other occupant of the unit I/we propose to rent is the Owner of the property in which the unit is located (hereinafter the “Owner”), has any family relationship to the Owner or owns, directly or indirectly, any interest in the Ownership. For purposes of this section, indirect Ownership by an individual shall mean the Ownership by a family member, the Ownership by a corporation, partnership, estate or trust in proportion to the Ownership or beneficial interest in such corporation, partnership, estate or trust held by the individual or a family member, and the Ownership, direct or indirect, by a partner of the individual.

11. This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and, based upon information I/we deem reliable and that the statement of total anticipated income contained in Section 77 is reasonable and based upon such investigation as the undersigned deemed necessary.

12. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year.

13. I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the units and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for eviction or other appropriate proceedings.

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14. Housing Issuer Statistical Information (Optional--will be used for reporting purposes only):

Marital Status: _____________________________
Race (Head of Household)
White ________ Asian ________ Hispanic ________
African-American ________ Native American ________ Other ________ Physical Disability: Yes ________ No ________
I/we declare under penalty of perjury that the foregoing is true and correct.

Executed this ________ day of__________, ____ in the County of Riverside, California. ____________________________________
Applicant
____________________________________
Applicant
[Signature of all persons over the age of 18 years listed in number 2 above required]

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FOR COMPLETION BY THE PROPERTY OWNER ONLY:

1. Calculation of eligible income:
(a) Enter amount entered for entire household in 6 above: $______________ (b) (i) If answer to 87(l)7(l) above is yes, enter the total amount entered in 8(d)(1), subtract from that figure the amount entered in 8(d)(2) and enter the remaining balance ($_______________);
(ii) Multiply the amount entered in 87(l)7(l) times the current passbook savings rate to determine what the total annual earnings on the amount in 87(l)7(l) would be if invested in passbook savings ($________), subtract from that figure the amount entered in 8(d)(2) and enter the remaining balance
(iii) Enter at right the greater of the amount calculated under (1) or (2) above: $_____________;
(c) TOTAL ELIGIBLE INCOME
(Line l(a) plus line 1(b)(3): $________________

2. The amount entered in l(c):
_____Qualifies the applicant(s) as a Qualified Household. _____Does not qualify the applicant(s) as Qualified Household.

3. Apartment unit assigned:

Bedroom Size: ______ Rent: $________

4. This apartment unit [was/was not] last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income, as certified in the above manner upon their initial occupancy of the apartment unit, qualified them as a Qualified Household.

5. Method used to verify applicant(s) income:
_____ Employer income verification.
_____ Copies of tax returns.
_____ Other (_____________________)
_________________________________|
Manager
The undersigned employee has applied for a rental unit located in a project financed in part by the City of Palm Springs for persons of very low income. Every income statement of a Item 3B - Page 219
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prospective tenant must be stringently verified. Please indicate below the employee’s current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis.

Annual wages ________ Overtime ________ Bonuses ________ Commissions ________
Total current income ____________
I hereby certify that the statements above are true and complete to the best of my knowledge. ______________________
Signature
______________________
Date
______________________
Title
I hereby grant you permission to disclose my income to ____________________________ in order that they may determine my income eligibility for rental of an apartment at [_____________________].

______________________
Signature
______________________
Date
Please send to:

I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge.

Signature

Date

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ATTACHMENT NO. 3
TO

REGULATORY AGREEMENT
(Stevens Road and Palm Canyon Drive)
Certificate of Continuing Program Compliance
For Annual Reporting Period Ending
The undersigned, _______________, as the authorized representative of Aloe Palm Canyon, L.P., a California limited partnership (“Owner”), has read and is thoroughly familiar with the provisions of the various documents associated with the financial assistance provided by the City of Palm Springs (“City”), as established in numerous documents including the Regulatory Agreement, dated as of __________, 20__, between the Owner and the City.

As of the date of this Certificate, the following percentage of residential units in the Project are (i) occupied by Qualified Households (as such term is defined in the Regulatory Agreement) or (ii) are currently vacant and being held available for such occupancy and have been so held continuously since the date a Qualified Household vacated such unit, as indicated:

Number of Units occupied by Qualified Households:

Number of Vacant Units:

Number of Qualified Households who commenced
occupancy during the preceding reporting period:

Attached is a separate sheet (“Occupancy Summary”) listing, among other items, the appropriate information for each residential unit in the Project, the occupants of each unit and the rent paid for each unit. The information contained thereon is true and accurate and reasonable and is based on information submitted to the Owner and is certified under penalty of perjury by each tenant.
[Signatures on following page]
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The undersigned hereby certifies that (1) a review of the activities of the Owner during such reporting period and of the Owner’s performance under the Regulatory Agreement has been made under the supervision of the undersigned; and (2) to the best of the knowledge of the undersigned, based on the review described in clause (1) hereof, the Owner is not in default under any of the terms and provisions of the above documents.

Dated: OWNER:

ALOE PALM CANYON, L.P.,
a California limited partnership
By: Aloe Palm Canyon LLC, a California limited
liability company, its general partner
By: West Hollywood Community Housing
Corporation, a California nonprofit public benefit
corporation, its sole member/manager
By:

Jesse Slansky, President and CEO
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OCCUPANCY SUMMARY
Total Number of Units in the Project: ___________
Total Units occupied by Qualified Households: ___________ Total Units available for rent to Qualified Households: ___________ ATTACHED IS THE FOLLOWING INFORMATION:

A. Resident and rental information on each occupied apartment in the complex.

B. Certification of Tenant Eligibility for all Qualified Households who have moved into ________________, Palm Springs, California, since the filing of the last Occupancy Summary. The same are true and correct to the best of the undersigned’s knowledge and belief.

Dated: OWNER:

By: Jesse Slansky, President and CEO

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EXHIBIT J

HHAP AGREEMENT
[Attached Behind This Page]
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ATTACHMENT B

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AMENDMENT NO. 1 TO THE REAL PROPERTY PURCHASE AND SALE

AGREEMENT AND JOINT ESCROW INSTRUCTIONS
This AMENDMENT NO. 1 TO THE REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is dated as of December , 2021 2022 (“Date of Agreement”), for reference purposes only, and is entered into by and between the CITY OF PALM SPRINGS IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS REDEVELOPMENT AGENCY, a public corporation (“Seller”), and ALOE PALM CANYON, L.P.,, a California limited partnership (“Buyer”). The Seller and Buyer are sometimes referred to in this Agreement, each individually, as a “Party,” or collectively, as the “Parties.”

RECITALS
This Agreement is entered into with reference to the following recitals of fact (“Recitals”) that City and Buyer believe to be true as of the Effective Date of this Agreement:

A. The Seller is the owner of that certain real property located at 1479 North Palm Canyon Drive, Palm Springs (APN 505-182-004) and more specifically described in Exhibit A attached hereto and incorporated herein by this reference (“SA Property”).

B. The former Redevelopment Agency of the City of Palm Springs (“RDA”) purchased the Property in 1987 and owned the SA Property until the RDA was dissolved on February 1, 2012, pursuant to the Dissolution Law codified at Health and Safety Code (“HSC”) Section 34170 et seq.

C. Seller is the successor entity to the RDA and, pursuant to the Dissolution Act, upon the RDA’s dissolution the Property transferred to the Seller.

D. Pursuant to Health and Safety Code section 34177(e), the Seller is responsible for disposing of the assets and properties of the former RDA, as directed by the Oversight Board to the Seller, expeditiously and in a manner aimed at maximizing value.

E. Pursuant to Health and Safety Code section 34191.5, the Property was listed on the Seller’s Long Range Property Management Plan (“LRPMP”), to be sold expeditiously and at fair market value, and, in accordance with the Dissolution Act, the LRPMP has been approved by the Oversight Board to the Seller and the California Department of Finance.

F. In the fall of 2019, the City issued a Request for Proposals for the purchase of the SA Property together with a contiguous parcel (APN 505-182-010) owned by the City of Palm Springs (“City Property”). The City Property and SA Property together consist of approximately one and seventy-five one-hundredths (1.75) acres of real property (“Site”).

G. West Hollywood Community Housing Corporation (WHCHC), a California nonprofit corporation responded to the RFP with a submittal dated February 27, 2020. The City Council acting in its capacity as the Successor Agency to the Palm Springs Redevelopment Agency selected WHCHC as the developer for the Site in reliance on its submittal.

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H. WHCHC and Seller entered into an Exclusive Negotiating Agreement (“ENA”) on November 2, 2020, to negotiate the sale and development of the Site for an affordable housing project (“Project”).

I. Pursuant to the ENA, Buyer WHCHC has made an offer to purchase the SA Property from Seller for fair market value, and Seller desires to sell the SA Property to Buyer pursuant to the terms and conditions of this Agreement.and Seller entered into that certain Real Property Purchase and Sale Agreement and Joint Escrow Instructions dated December 9, 2021 (“Original Agreement”) for the sale of the SA Property to Buyer at fair market value. Buyer was formed by WHCHC for purposes of the sale.

J. On or about December 9, 2021, Buyer and the City of Palm Springs (“City”) entered into that certain Affordable Housing Disposition and Development Agreement (Stevens Road and Palm Canyon Drive) (“Original DDA”) by which the City agreed to sell the City Property to Buyer and extend a loan to Buyer for Site acquisition and construction and permanent financing for the Project, subject to the terms and conditions in the Original DDA. The Original DDA was thereafter amended in December 2022 (“DDA”) and entered concurrently with this Agreement.

K. Due to unforeseen changes in the economy causing delays in Project funding and increased Project Costs (as that term is defined in the DDA), the Parties desire to amend the Original Agreement and enter into this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS

OF SELLER AND BUYER SET FORTH IN THIS AGREEMENT AND OTHER GOOD AND VALUABLE CONSIDERATION, SELLER AND BUYER AGREE, AS FOLLOWS:

TERMS AND CONDITIONS

1. DEFINITIONS

1.1 Definitions. The following words, terms and phrases are used in this Agreement with the following meanings, unless the particular context or usage of a word, term or phrase requires another interpretation:

1.1.1 Agreement. This Amendment No. 1 to the Real Property Purchase and Sale Agreement and Joint Escrow Instructions by and between Seller and Buyer, including all of the attached exhibits.

1.1.2 Approval. Any license, permit, approval, consent, certificate, ruling, variance, authorization, conditional use permit or amendment to any of the foregoing, as shall be necessary or appropriate under any Law to commence, perform or complete any construction on or development of the Property.

1.1.3 Business Day. Monday through Friday, exclusive of Federal, State or City holidays.

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1.1.4 Buyer. Defined in the initial paragraph of this Agreement.

1.1.5 Buyer Title Policy. A standard CLTA owners’ policy of title insurance issued by the Title Company, with coverage in the amount of the Purchase Price, showing title to the SA Property vested in Buyer, subject only to Permitted Exceptions.

1.1.6 Buyer’s Title Notice. A written notice from the Buyer to the Seller indicating the Buyer’s acceptance of the state of the title to the SA Property, as described in the Preliminary Report, or the Buyer’s objection to specific matters shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Buyer Title Policy for the SA Property, describing in suitable detail the actions that the Buyer reasonably believes are indicated to cure or correct each of the Buyer’s objections.

1.1.7 Buyer’s Title Notice Waiver. A written notice from the Buyer to the Seller waiving the Buyer’s previous objection in the Buyer’s Title Notice to specific matters shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Buyer Title Policy for the SA Property.

1.1.8 CEQA. The California Environmental Quality Act, Public Resources Code Section 21000, et seq.

1.1.9 CEQA Documents. Any exemption determination, any Negative Declaration (mitigated or otherwise) or any Environmental Impact Report (including any addendum or amendment to, or subsequent or supplemental Environmental Impact Report) required or permitted by any Government, pursuant to CEQA, for Seller to approve or perform this Agreement or issue any Approval.

1.1.10 City. The City of Palm Springs, a California charter city and municipal corporation.

1.1.11 Claim. Any claim, loss, cost, damage, expense, liability, lien, action, cause of action (whether in tort, contract, under statute, at law, in equity or otherwise), charge, award, assessment, fine or penalty of any kind (including consultant and expert fees and expenses and investigation costs of whatever kind or nature and, if an Indemnitor improperly fails to provide a defense for an Indemnitee, then Legal Costs of the Indemnitee) and any judgment.

1.1.12 Close of Escrow. The first date on which the Escrow Agent files the Quitclaim Deed with the County for recording in the official records of the County.

1.1.13 County. The County of Riverside, California.

1.1.14 DDA. The Amendment No. 1 to Affordable Housing Disposition and Development Agreement (Stevens Road and Palm Canyon Drive), dated as of __________________ December ____ 20___, 22, between the City and Buyer for the purchase of City-owned property (APN 505-182-010) to develop affordable housing for seniors.

1.1.15 Default. An Escrow Default, a Monetary Default or a Non-Monetary Default.

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1.1.16 Effective Date. That date upon which Buyer has executed this Agreement and, this Agreement has been approved by the Seller’s governing body, and this Agreement has been approved by the Countywide Oversight Board.

1.1.17 Escrow. An escrow, as defined in Civil Code Section 1057 and Financial Code Section 17003(a), that is conducted by the Escrow Agent with respect to the sale of the SA Property from Seller to Buyer pursuant to this Agreement.

1.1.18 Escrow Agent. Commonwealth Land Title Company, Cheryl Greer, or such other Person mutually agreed upon in writing by both Seller and Buyer.

1.1.19 Escrow Closing Date. The earlier of: (a) on or before the thirtieth (30th) day after the Escrow Agent’s receipt of written confirmation from both Seller and Buyer of the satisfaction or waiver of all other conditions precedent to the Close of Escrow; (b) December 31, 2022; or (c) another date mutually agreed upon in writing between the Parties for the Close of Escrow, in the Parties’ respective sole and absolute discretion.

1.1.20 Escrow Closing Statement. A statement prepared by the Escrow Agent indicating, among other things, the Escrow Agent’s estimate of all funds to be deposited or received by Seller or Buyer, respectively, and all charges to be paid by Seller or Buyer, respectively, through the Escrow.

1.1.21 Escrow Default. The unexcused failure of a Party to submit any document or funds to the Escrow Agent as reasonably necessary to close the Escrow, pursuant to the terms and conditions of this Agreement.

1.1.22 Escrow Opening Date. The first date on which a copy of this Agreement signed by both Seller and Buyer is deposited with the Escrow Agent, as provided in Section 2.1.

1.1.23 Event of Default. The occurrence of any one or more of the following:
(a) Monetary Default. A Monetary Default that continues for seven (7) calendar days after Notice to the Party in Default, specifying in reasonable detail the amount of money not paid or the bond or surety not provided;
(b) Escrow Default. An Escrow Default that continues for seven (7) calendar days after Notice to the Party in Default, specifying in reasonable detail the document or funds not submitted to the Escrow Agent;
(c) Non-Monetary Default. Any Non-Monetary Default that is not cured within thirty (30) days after Notice to the Party in Default describing the Non-Monetary Default in reasonable detail. In the case of such a Non-Monetary Default that cannot with reasonable diligence be cured within thirty (30) days after the effective date of Notice of such Default, an Event of Default shall occur, if the Party in Default does not do all of the following:
(a) within thirty (30) days after Notice of such Non-Monetary Default, advise the other Party of the intention of the Party in Default to take all reasonable steps to cure such Non-Monetary Default; (b) duly commence such cure within such thirty (30) day period; and (c) diligently prosecute such cure to completion within a reasonable time under the circumstances.

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1.1.24 Executive Director. The Executive Director of the Successor Agency to the Palm Springs Redevelopment Agency, or his or her designee or successor in function.

1.1.241.1.25 Federal. The federal government of the United States of America.

1.1.251.1.26 FIRPTA Affidavit. A certification that Seller is not a “foreign person” within the meaning of such term under Section 1445 of the United States Internal Revenue Code.

1.1.261.1.27 Form 593. A California Franchise Tax Board Form 593-C.

1.1.271.1.28 Government. Any and all courts, boards, agencies, commissions, offices or authorities of any nature whatsoever of any governmental unit (Federal, State, County, district, municipal or otherwise) whether now or later in existence.

1.1.281.1.29 Hazardous Substance. Any flammable substance, explosive, radioactive material, asbestos, asbestos-containing material, polychlorinated biphenyl, chemical known to cause cancer or reproductive toxicity, pollutant, contaminant, hazardous waste, medical wastes, toxic substance or related material, explosive, petroleum, petroleum product or any “hazardous” or “toxic” material, substance or waste that is defined by those or similar terms or is regulated as such under any Law, including any material, substance or waste that is: (a) defined as a “hazardous substance” under Section 311 of the Water Pollution Control Act (33 U.S.C. § 1317), as amended; (b) designated as “hazardous substances” pursuant to 33 U.S.C. § 1321; (c) defined as a “hazardous waste” under Section 1004 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq., as amended; (d) defined as a “hazardous substance” or “hazardous waste” under Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Reauthorization Act of 1986, 42 U.S.C. § 9601, et seq., or any so-called “superfund” or “superlien” law; (e) defined as a “pollutant” or “contaminant” under 42 U.S.C. § 9601(33); (f) defined as “hazardous waste” under 40 C.F.R. Part 260; (g) defined as a “hazardous chemical” under 29 C.F.R. Part 1910; (h) any matter within the definition of “hazardous substance” set forth in 15 U.S.C. § 1262; (i) any matter, waste or substance regulated under the Toxic Substances Control Act (“TSCA”) [15 U.S.C. Sections 2601, et seq.]; (j) any matter, waste or substance regulated under the Hazardous Materials Transportation Act, 49 U.S.C. Sections 1801, et seq.; (k) those substances listed in the United States Department of Transportation (DOT) Table [49 C.F.R. 172.101]; (l) any matter, waste or substances designated by the EPA, or any successor authority, as a hazardous substance [40 C.F.R. Part 302]; (m) defined as “hazardous waste” in Section 25117 of the California Health and Safety Code; (n) defined as a “hazardous substance” in Section 25316 of the California Health and Safety Code; (o) that is subject to any other Law regulating, relating to or imposing obligations, liability or standards of conduct concerning protection of human health, plant life, animal life, natural resources, property or the enjoyment of life or property free from the presence in the environment of any solid, liquid, gas, odor or any form of energy from whatever source; or (p) that is or becomes regulated or classified as hazardous or toxic under Law or in the regulations adopted pursuant to Law.

1.1.291.1.30 Hazardous Substance Discharge. Any deposit, discharge, generation, release or spill of a Hazardous Substance that occurs at, on, under, into or from the SA Property or during transportation of any Hazardous Substance to or from the SA Property, or that Item 3B - Page 230
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arises at any time from any construction, installation, use or operation or other activities conducted at, on, under or from the SA Property, whether or not caused by a Party.

1.1.301.1.31 Indemnify. Where this Agreement states that any Indemnitor shall “indemnify” any Indemnitee from, against or for a particular Claim, that the Indemnitor shall indemnify the Indemnitee and defend and hold the Indemnitee harmless from and against such Claim (alleged or otherwise). “Indemnified” shall have the correlative meaning.

1.1.311.1.32 Indemnitee. Any Person entitled to be Indemnified under the terms of this Agreement.

1.1.321.1.33 Indemnitor. A Party that agrees to Indemnify any other Person under the terms of this Agreement.

1.1.33 Initial Deposit. Fifty Thousand Dollars ($50,000), which shall be deposited with the Escrow Agent by Buyer on the Escrow Opening Date.

1.1.34 Law. Every law, ordinance, requirement, order, proclamation, directive, rule or regulation of any Government applicable to the SA Property, in any way, including relating to any development, construction, use, maintenance, taxation, operation, occupancy of or environmental conditions affecting the SA Property, or relating to any taxes, or otherwise relating to this Agreement or any Party’s rights, obligations or remedies under this Agreement, or any transfer of any of the foregoing, whether in force on the Effective Date or passed, enacted, modified, amended or imposed at some later time, subject in all cases, however, to any applicable waiver, variance or exemption.

1.1.35 Legal Costs. In reference to any Person, all reasonable costs and expenses such Person incurs in any legal proceeding or other matter for which such Person is entitled to be reimbursed for its Legal Costs, including reasonable attorneys’ fees, court costs and expenses and consultant and expert witness fees and expenses.

1.1.36 LRPMP. The long range property management plan prepared by Seller and approved by the Oversight Board to the Successor Agency to the Palm Springs Redevelopment Agency and the California Department of Finance, in accordance with Health and Safety Code section 34191.5.

1.1.37 Monetary Default. Any failure by either Party to pay or deposit, when and as this Agreement requires, any amount of money, bond or surety required to be provided under this Agreement, whether to or with a Party or a Third Person.

1.1.38 Non-Monetary Default. The occurrence of any of the following, except to the extent constituting a Monetary Default or an Escrow Default: (a) any failure of a Party to perform any of such Party’s obligations under this Agreement; (b) any failure of a Party to comply with any material restriction or prohibition in this Agreement; or (c) any other event or circumstance that, with passage of time or giving of Notice, or both, or neither, would constitute a breach of this Agreement by a Party.

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1.1.39 Notice. Any consent, demand, designation, election, notice or request relating to this Agreement, including any Notice of Default. All Notices must be in writing.

1.1.40 Parties. Collectively, Seller and Buyer.

1.1.41 Party. Individually, either Seller or Buyer, as applicable.

1.1.42 Permitted Exception. All of the following: (a) all items shown in the Preliminary Report as exceptions to coverage under the proposed Buyer Title Policy; (b) any lien for non-delinquent property taxes or assessments; (c) any Laws applicable to the SA Property; (d) this Agreement; (e) any existing improvements on the SA Property, if any; (f) any other document or encumbrance expressly required or allowed to be recorded against the SA Property pursuant to the terms of this Agreement.

1.1.43 Person. Any association, corporation, governmental entity or agency, individual, joint venture, joint-stock company, limited liability company, partnership, trust, unincorporated organization or other entity of any kind.

1.1.44 Preliminary Report. A preliminary report issued by the Title Company no later than 5 days following the opening of Escrow in contemplation of the issuance of the Buyer Title Policy, accompanied by copies of all documents listed in Schedule B of the report as exceptions to coverage under the proposed Buyer Title Policy.

1.1.45 SA Property. That certain real property specifically described in Exhibit “A” attached to this Agreement.

1.1.46 Seller’s Title Notice Response. The written response of the Seller to the Buyer’s Title Notice, in which the Seller either (i) elects to cause the removal from the Preliminary Report of any matters shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Title Policy that were objected to in the Buyer’s Title Notice, or (ii) elects not to cause the removal from the Preliminary Report of any matters shown in Schedule B of the Preliminary Report as exceptions to coverage under the proposed Title Policy that were objected to in the Buyer’s Title Notice.

1.1.47 Purchase Price. The amount of Nine Hundred Thousand Dollars ($900,000), which represents the fair market value of the SA Property.

1.1.48 Real Estate Taxes. All general and special real estate taxes (including taxes on fixtures and equipment, sales taxes, use taxes and the like), supplemental taxes, possessory interest taxes, special taxes imposed pursuant to a special taxing district, assessments, municipal water and sewer rents, rates and charges, excises, levies, license and permit fees, fines, penalties and other governmental charges and any interest or costs with respect thereto, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind or nature whatsoever regarding the SA Property that may be assessed, levied, imposed upon, or become due and payable out of or in respect of, or charged with respect to or become a lien on, the SA Property.

1.1.49 Seller. The City acting in its capacity as Successor Agency to the Palm Springs Redevelopment Agency, a public corporation.

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1.1.50 Seller Quitclaim Deed. A quitclaim deed conveying Seller’s interest in the SA Property from Seller to Buyer, at the Close of Escrow, substantially in the form of Exhibit “B” attached to this Agreement.

1.1.51 State. The State of California.

1.1.52 Third Person. Any Person that is not a Party, an Affiliate of a Party or an officer, director, manager, shareholder, member, principal, partner, employee or agent of a Party.

1.1.53 Title Company. Commonwealth Land Title Company, Attn: Kathy Religioso, or such other Person title company mutually agreed upon in writing by both Seller and Buyer.

1.1.54 Unavoidable Delay. A delay in either Party performing any obligation under this Agreement arising from or on account of any cause whatsoever beyond the Party’s reasonable control, including strikes, labor troubles or other union activities, casualty, war, acts of terrorism, riots, pandemic, quarantine restrictions, litigation, governmental action or inaction, regional natural disasters or inability to obtain required materials. Unavoidable Delay shall not include delay caused by a Party’s financial condition or insolvency.

2. PURCHASE AND SALE OF SA PROPERTY

2.1 Escrow. Seller shall sell the SA Property to Buyer and Buyer shall purchase the SA Property from Seller, subject to the Permitted Exceptions, on the terms and conditions of this Agreement. For the purposes of exchanging funds and documents to complete the sale of the SA Property from Seller to Buyer and the purchase of the SA Property by Buyer from Seller, pursuant to the terms and conditions of this Agreement, Seller and Buyer agree to open the Escrow with the Escrow Agent. Buyer shall cause the Escrow to be opened within two (2) business days following the Effective Date. Escrow Agent shall promptly confirm the Escrow Opening Date in writing to each of the Parties. The provisions of Section 3 are the joint escrow instructions of the Parties to the Escrow Agent for conducting the Escrow.

2.2 Payment of Purchase Price. Buyer shall purchase the SA Property from Seller for the Purchase Price, subject to the terms and conditions of this Agreement. Buyer shall pay the Purchase Price to Seller at the Close of Escrow in immediately available funds.

2.3 Initial Deposit. Buyer shall deliver the Initial Deposit to Escrow Agent on the Escrow Opening Date.

2.4 Title Approval. As soon as practicable following the opening of the Escrow, the Seller shall obtain from Title Company the Preliminary Report and deliver a copy of the Preliminary Report to the Buyer. Within thirty (30) business days following the Buyer’s receipt of the Preliminary Report, the Buyer shall deliver the Buyer’s Title Notice to the Seller. If the Buyer fails to deliver the Buyer’s Title Notice to the Seller within thirty (30) business days following the Buyer’s receipt of the Preliminary Report, the Buyer will be deemed to disapprove the status of title to the SA Property and refuse to accept title to the SA Property, in which case the Seller shall have the right, subject to Section 2.4.22.4.2, to cancel the Escrow and terminate this Agreement, in the Seller’s sole discretion, without liability to the Buyer or any other person, Item 3B - Page 233
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by delivery of a written notice of termination to the Buyer and Escrow Agent. Within twenty (20) business days following receipt by the Seller of Buyer’s Title Notice, if any, the Seller shall serve Seller’s Title Notice Response. If Buyer’s Title Notice does not object to any matter in the Preliminary Report, the Seller shall not be required to serve Seller’s Title Notice Response. If the Seller does not serve Seller’s Title Notice Response, if necessary, within twenty (20) business days following its receipt of Buyer’s Title Notice, the Seller shall be deemed to elect not to remove any matter objected to in Buyer’s Title Notice, if any, from the Preliminary Report. If the Seller elects in Seller’s Title Notice Response to cause the removal of any matter objected to in Buyer’s Title Notice from the Preliminary Report, the Seller shall cause the removal of each such objectionable matter from the Preliminary Report within sixty (60) business days following receipt by the Buyer of Seller’s Title Notice Response or such other period of time that may be agreed to in writing by both the Seller and the Buyer. If the Seller is unwilling or unable to cause the removal of any matter objected to in Buyer’s Title Notice from the Preliminary Report, then, within ten (10) business days following the Buyer’s receipt of Seller’s Title Notice Response stating that the Seller is unwilling to remove or cause the removal of any matter objected to in Buyer’s Title Notice or upon the expiration of the above sixty (60) business day time period during which the Seller elected to remove such objectionable matters from the Preliminary Report and was unable to do so, the Buyer may either (1) refuse to accept the title to and conveyance of the SA Property, in which case the Parties shall have the right, subject to 2.4.2, to cancel the Escrow and terminate this Agreement without liability to either Party or any other person, by delivery of a written notice of termination to the Escrow Agent, or (2) waive its objection to any items set forth in Buyer’s Title Notice by delivering Buyer’s Title Notice Waiver to the Seller. Failure by the Buyer to deliver Buyer’s Title Notice Waiver, where Seller’s Title Notice Response or the Seller’s failure to serve Seller’s Title Notice Response indicates the Seller’s election not to cause the removal of any matter objected to in Buyer’s Title Notice from the Preliminary Report, for the Seller to deliver Seller’s Title Notice Response under this Agreement, will be deemed the Buyer’s continued refusal to accept the title to and conveyance of the Property, in which case the Seller shall have the right, subject to Section

2.4.2, to cancel the Escrow and terminate this Agreement, in the Seller’s sole discretion, without liability to the Buyer or any other person, by delivery of a written notice of termination to the Buyer and Escrow Agent.

2.3 Title Approval. The Parties acknowledge that as of the Effective Date of this Agreement, Developer has received and approved the Preliminary Report for the City Property and that any obligations or rights of each Party under Section 2.3 of the Original Agreement have been deemed waived or satisfied.

2.4.12.3.1 If If at any time prior to the Close of Escrow the Title Company issues an updated Preliminary Report containing any previously undisclosed matter affecting title to the SA Property, or the Seller becomes aware of any previously undisclosed matter affecting title to the SA Property, Seller shall provide written notice to the Buyer of such matter, together with any updated Preliminary Report related to such matter. If there is any objectionable matter in the updated Preliminary Report, Buyer shall promptly deliver to Seller the Seller’s Title Notice setting forth the matter objected to. The Parties shall meet and confer on removal of said matter and reach a resolution no later than five days before Close of Escrow (“Meet and Confer Deadline”). If the Parties are unable to do so, the Buyer may either (1) refuse to accept the title to and conveyance of the SA Property, in which case the Parties shall have the right to cancel the Escrow and terminate this Agreement without liability to either Party or any other person, by delivery of a written notice Item 3B - Page 234
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of termination to the Escrow Holder, or (2) be deemed to waive its objection to any items set forth in Buyer’s Title Notice at any time prior to the Escrow Closing Date the Title Company issues an updated Preliminary Report containing any previously undisclosed matter affecting title to the Property, or the Seller becomes aware of any previously undisclosed matter affecting title to the Property, following the delivery of the Buyer’s Title Notice, the Seller shall provide written notice to the Buyer of such matter, together with any updated Preliminary Report related to such matter.

The Seller and the Buyer shall have such rights and obligations with respect to such previously undisclosed title matters as they did with respect to any title matters set forth in the original Preliminary Report as set forth in Section 2.4.

2.4.22.3.2 Before Nothing herein shall constitute an agreement, representation, or warranty by any Party that an acceptable resolution of the objectionable title matter will be achieved, nor shall any Party be obligated to expend any funds or undertake any other action whatsoever with respect to such title matter unless such agreement is reduced to a writing which is approved by both Parties, in their sole and absolute discretion. If, by the Meet and Confer Deadline, the Parties have not been able to agree on a mutually acceptable method of resolving such title matter, the Escrow shall be cancelled, this Agreement shall be terminated without liability to any Party, and the Parties shall proceed pursuant to Section 3.12.exercising any right a Party may have under this Section 2.4 to cancel the Escrow and terminate this Agreement, such Party shall notify the non-terminating Party in writing of its election to terminate and shall, upon the non-terminating Party’s request, which must be delivered, if at all, within three (3) days following its receipt of the terminating Party’s notice of election to terminate, meet and confer with the non-terminating Party for a period of thirty (30) days. During such time, the Parties shall meet as often as reasonably requested by any Party to negotiate, in good faith, methods and means by which the objectionable title matter may be eliminated or mitigated. Nothing herein shall constitute an agreement, representation, or warranty by any Party that an acceptable resolution of the objectionable title matter will be achieved, nor shall any Party be obligated to expend any funds or undertake any other action whatsoever with respect to such title matter unless such agreement is reduced to a writing which is approved by all Parties, in their sole and absolute discretion. If, at the end of such thirty (30) day period, the Parties have not been able to agree on a mutually acceptable method of resolving such title matter, or if any proposed agreement is disapproved by the Seller’s governing body, the Escrow shall be cancelled, this Agreement shall be terminated without liability to any Party, and the Parties shall proceed pursuant to Section 3.12.

2.52.4 “AS-IS” Acquisition. Except for the representations and warranties set forth herein that expressly survive the Close of Escrow, the Close of Escrow shall evidence Buyer’s unconditional and irrevocable acceptance of the SA Property in the SA Property’ AS IS, WHERE

IS, SUBJECT TO ALL FAULTS CONDITION, AS OF THE CLOSE OF ESCROW, WITHOUT WARRANTY as to character, quality, performance, condition, title, physical condition, zoning, land use restrictions, the availability or location of utilities or services, the location of any public infrastructure on or off of the SA Property (active, inactive or abandoned), the suitability of the SA Property for Buyer’s intended use or any other use or the existence or absence of Hazardous Substances affecting the SA Property and with full knowledge of the physical condition of the SA Property, the nature of Seller’s interest in and use of the SA Property, all laws applicable to the SA Property and any and all conditions, covenants, restrictions, encumbrances and all matters of record relating to the SA Property. The Close of Escrow shall further constitute Buyer’s representation and warranty to Seller that: (a) Buyer has had ample opportunity to inspect and Item 3B - Page 235
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evaluate the SA Property and the feasibility of the uses and activities Buyer is entitled to conduct on the SA Property; (b) Buyer is experienced in real estate development; (c) Buyer is relying entirely on Buyer’s experience, expertise and Buyer’s own inspection of the SA Property in the SA Property’s current state in proceeding with acquisition of the SA Property; (d) Buyer accepts the SA Property in the SA Property’s condition as of the Close of Escrow; (e) to the extent that Buyer’s own expertise with respect to any matter regarding the SA Property is insufficient to enable Buyer to reach an informed conclusion regarding such matter, Buyer has engaged the services of Persons qualified to advise Buyer with respect to such matters; (f) Buyer has received assurances acceptable to Buyer by means independent of Seller or Seller’s agents of the truth of all facts material to Buyer’s acquisition of the SA Property; and (g) the SA Property is being acquired by Buyer as a result of Buyer’s own knowledge, inspection and investigation of the SA Property and not as a result of any representation made by Seller or Seller’s agents relating to the condition of the SA Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied warranties regarding the SA Property other than those expressly set forth herein.

2.62.5 No Commitment to Development. The Parties agree that nothing in this Agreement is intended to commit the Buyer to completing a particular project or to commit the City to granting any Approval. Approval of this Agreement does not constitute approval by the City of any development of the Property or of other activity on the Property that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA. (See 14 C.C.R. §§ 15060(c); 15378(b).) Moreover, Buyer’s future use or development of the Properties is expressly conditioned on CEQA compliance. City shall conduct environmental review in accordance with CEQA prior to taking any discretionary action with regard to any proposed development of the Property. Nothing in this Agreement shall be construed to limit the City’s discretion to consider and adopt any mitigation measure or project alternative, including the alternative of rejecting any proposed development of the Property, as provided in Public Resources Code section 21002.

Following completion of the City’s environmental review of any proposed development of the Property, the City shall file a notice of such approval as provided in Public Resources Code section 21152. Buyer’s purchase of the Property will serve the current needs of the City.

2.72.6 Sale Contingent on DDA. The sale of and Close of Escrow on the SA Property shall not occur unless Buyer is in a position, in all material respects, to close escrow on the City Property being sold through the DDA with the City.

2.82.7 Right of First Refusal. Buyer shall not sell the SA Property to a Third Person in the future without first giving the City Seller the option to purchase the property at fair market value and the City Seller has declined its right to exercise said option.

3. JOINT ESCROW INSTRUCTIONS

3.1 Escrow Instructions. This Section 3 constitutes the joint escrow instructions of the Parties to Escrow Agent for conduct of the Escrow for the purchase and sale of the SA Property, as contemplated by this Agreement. Buyer and Seller shall sign such further escrow instructions consistent with the provisions of this Agreement as may be reasonably requested by Escrow Agent.

In the event of any conflict between the provisions of this Agreement and any further escrow instructions requested by Escrow Agent, the provisions of this Agreement shall control.

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3.2 Escrow Agent Authority. Seller and Buyer authorize Escrow Agent to:

3.2.1 Charges. Pay and charge Seller and Buyer for their respective shares of the applicable fees, taxes, charges and costs payable by either Seller or Buyer regarding the Escrow;

3.2.2 Settlement/Closing Statements. Release each Party’s Escrow Closing Statement to the other Party;

3.2.3 Document Recording. File any documents delivered for recording through the Escrow with the office of the Recorder of the County for recordation in the official records of the County, pursuant to the joint instructions of the Parties; and

3.2.4 Counterpart Documents. Utilize documents signed by Seller or Buyer in counterparts, including attaching separate signature pages to one original of the same document.

3.3 Buyer’s Conditions Precedent to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Buyer, Buyer’s obligation to purchase the SA Property from Seller on the Escrow Closing Date shall be conditioned upon the satisfaction or waiver (waivers must be in writing and signed by Buyer) of each of the following conditions:

3.3.1 Title Policy. Title Company is committed to issue the Buyer Title Policy to Buyer upon payment of Title Company’s premium for such policy;

3.3.2 Seller Escrow Deposits. Seller deposits all of the items into Escrow required by Section 3.6;

3.3.3 Settlement/Closing Statement. Buyer reasonably approves Buyer’s Escrow Closing Statement;

3.3.4 Seller Pre-Closing Obligations. Seller performs all of the material obligations required to be performed by Seller pursuant to this Agreement prior to the Close of Escrow.

3.4 Seller’s Conditions Precedent to Close of Escrow. Provided that the failure of any such condition to be satisfied is not due to a Default under this Agreement by Seller, Seller’s obligation to sell the SA Property to Buyer on the Escrow Closing Date shall be conditioned upon the satisfaction or waiver (waivers must be in writing and signed by Seller) of each of the following conditions precedent to such sale on or before the Escrow Closing Date:

3.4.1 Buyer Escrow Deposits. Buyer deposits all of the items into Escrow required by Section 3.5;

3.4.2 Settlement/Closing Statement. Seller reasonably approves Seller’s Escrow Closing Statement;

3.4.3 DDA with City. Buyer is prepared, in all material respects, to close escrow on the City Property being sold to Buyer through its DDA with the City; Item 3B - Page 237
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3.4.4 Countywide Oversight Board Approval. The Countywide Oversight Board has approved of the sale of the SA Property to Buyer; and

3.4.5 Buyer Pre-Closing Obligations. Buyer performs all of the material obligations required to be performed by Buyer pursuant to this Agreement prior to Close of Escrow.

3.5 Buyer’s Escrow Deposits. Buyer shall deposit the following items into Escrow and, concurrently, provide a copy of each document submitted into Escrow to Seller, at least one (1) Business Day prior to the Escrow Closing Date:

3.5.1 Closing Funds. All monetary amounts required to be deposited into Escrow by Buyer under the terms of this Agreement to close the Escrow, all in immediately available funds;

3.5.2 Escrow Closing Statement. Buyer’s Escrow Closing Statement signed by the authorized representative(s) of Buyer; and

3.5.3 Other Reasonable Items. Any other money or documents required to be delivered by Buyer under the terms of this Agreement or as otherwise reasonably requested by Escrow Agent or Title Company in order to close the Escrow or comply with applicable Law that have not previously been delivered by Buyer.

3.6 Seller’s Escrow Deposits. Seller shall deposit the following items into Escrow and, concurrently, provide a copy of each document (excluding the Seller Quitclaim Deed) deposited into Escrow to Buyer, at least one (1) Business Day prior to the Escrow Closing Date:

3.6.1 Quitclaim Deed. The Seller Quitclaim Deed signed by the authorized representative(s) of Seller in recordable form;

3.6.2 Escrow Closing Statement. Seller’s Escrow Closing Statement signed by the authorized representative(s) of Seller;

3.6.3 FIRPTA Affidavit. A FIRPTA affidavit signed by the authorized representative(s) of Seller, in the form used by the Escrow Agent;

3.6.4 Form 593. A Form 593 signed by the authorized representative(s) of Seller; and

3.6.5 Other Reasonable Items. Any other money or documents required to be delivered by Seller under the terms of this Agreement or as otherwise reasonably requested by Escrow Agent or Title Company in order to close the Escrow or comply with applicable Law that have not been previously delivered by Seller.

3.7 Closing Procedure. Upon Escrow Agent’s receipt of written confirmation from both Buyer and Seller that each of their respective conditions precedent to the Close of Escrow are satisfied or waived, Escrow Agent shall close the Escrow by doing all of the following:

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3.7.1 Recording and Distribution of Documents. Escrow Agent shall cause the following documents to be filed with the Recorder of the County for recording in the official records of the County regarding the SA Property in the following order of priority at Close of Escrow: (a) the Seller Quitclaim Deed; and (b) any other documents to be recorded regarding the SA Property through the Escrow upon the joint instructions of the Parties. At Close of Escrow, Escrow Agent shall deliver conformed copies of all documents filed with the Recorder of the County for recording in the official records of the County through the Escrow to Seller, Buyer and any other Person designated in the written joint escrow instructions of the Parties to receive an original or conformed copy of each such document. Each conformed copy of a document filed for recording shall show all recording information. The Parties intend and agree that this Section 3.7.1 shall establish the relative priorities of the documents to be recorded in the official records of the County through the Escrow, by providing for recordation of senior interests prior to junior interests, in the order provided in this Section 3.7.1;

3.7.2 Funds. Distribute all funds held by the Escrow Agent pursuant to the Escrow Closing Statements approved in writing by Seller and Buyer, respectively;

3.7.3 FIRPTA Affidavit. File the FIRPTA Affidavit with the United States Internal Revenue Service;

3.7.4 Form 593. File the Form 593 with the California Franchise Tax Board; and

3.7.5 Title Policy. Obtain from the Title Company and deliver to Buyer the Buyer Title Policy issued by the Title Company.

3.8 Close of Escrow. The Close of Escrow shall occur on or before the Escrow Closing Date. If for any reason the Close of Escrow has not occurred on or before the Escrow Closing Date, then any Party not then in Default under this Agreement may cancel the Escrow and terminate this Agreement, without liability to the other Party or any other Person for such cancellation and termination, by delivering Notice of termination to both the other Party and Escrow Agent. Following any such Notice of termination of this Agreement and cancellation of the Escrow, the Parties and Escrow Agent shall proceed pursuant to Section 3.12. Without limiting the right of either Party to cancel the Escrow and terminate this Agreement, pursuant to this Section

3.8, if the Escrow does not close on or before the Escrow Closing Date and neither Party has exercised its contractual right to cancel the Escrow and terminate this Agreement under this Section 3.8 before the first date on which Escrow Agent Notifies both Parties that Escrow is in a position to close in accordance with the terms and conditions of this Agreement, then the Escrow shall close as soon as reasonably possible following the first date on which Escrow Agent Notifies both Parties that Escrow is in a position to close in accordance with the terms and conditions of this Agreement.

3.9 Escrow Costs. Escrow Agent shall Notify Buyer and Seller of the costs to be borne by each of them at the Close of Escrow by delivering an Escrow Closing Statement to both Seller and Buyer at least four one (41) Business Days prior to the Escrow Closing Date. Each party shall pay its own costs and expenses arising in connection with the Closing (including, without Item 3B - Page 239
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limitation, its own attorneys’ and advisors’ fees, charges, and disbursements), except the following costs (the “Closing Costs”), which shall be allocated between the parties as follows:
(a) Escrow fees and costs shall be paid one-half by Seller and one-half by Buyer;
(b) The cost of the Title Policy attributable to the standard coverage portion shall be paid by Seller;
(c) The cost of the Title Policy attributable to the extended coverage portion shall be paid by Buyer; and
(d) Buyer shall pay the cost of any documentary transfer taxes in connection with the recording of the Seller Quitclaim Deed; (e) All other closing fees and costs shall be charged to and paid by Seller and Buyer in accordance with customary practices in the County.

3.10 Allocation of Taxes. Real Estate Taxes relating to the SA Property, if any, shall be prorated between Seller and Buyer as of Midnight on the date prior to the Close of Escrow.

3.11 Escrow Cancellation Charges. If the Escrow fails to close due to Seller’s Default under this Agreement, Seller shall pay all ordinary and reasonable Escrow and title order cancellation charges charged by Escrow Agent or Title Company, respectively, if any. If the Escrow fails to close due to Buyer’s Default under this Agreement, Buyer shall pay all ordinary and reasonable Escrow and title order cancellation charges charged by Escrow Agent or Title Company, respectively, if any. If the Escrow fails to close for any reason other than the Default of either Buyer or Seller, Buyer and Seller shall each pay one-half (1/2) of any ordinary and reasonable Escrow and title order cancellation charges charged by Escrow Agent or Title Company, respectively, if any.

3.12 Escrow Cancellation. If this Agreement is terminated pursuant to a contractual right granted to a Party in this Agreement to terminate this Agreement (other than due to an Event of Default by the other Party), the Parties shall do all of the following:

3.12.1 Cancellation Instructions. The Parties shall, within seven (7) Business Days following Escrow Agent’s written request, sign any reasonable Escrow cancellation instructions requested by Escrow Agent;

3.12.2 Return of Funds and Documents. Within seven (7) Business Days following receipt by the Parties of a settlement statement of Escrow and title order cancellation charges from Escrow Agent (if any) or within seven (7) Business days following Notice of termination, whichever is earlier: (a) Buyer or Escrow Agent shall return to Seller all documents previously delivered by Seller to Buyer or Escrow Agent, respectively, regarding the Escrow; (b) Seller or Escrow Agent shall return to Buyer all documents previously delivered by Buyer to Seller or Escrow Agent, respectively, regarding the Escrow; (c) Escrow Agent shall, unless otherwise provided in this Agreement, return to Buyer all funds deposited in Escrow by Buyer, less Buyer’s share of customary and reasonable Escrow and title order cancellation charges (if any) in Item 3B - Page 240
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accordance with Section 3.11; and (d) Escrow Agent shall, unless otherwise provided in this Agreement, return to Seller all funds deposited in Escrow by Seller, less Seller’s share of customary and reasonable Escrow and title order cancellation charges (if any) in accordance with Section 3.11.

3.13 Eminent Domain. If any portion of the SA Property or any interest in any portion of the SA Property becomes the subject of any eminent domain proceeding prior to Close of Escrow, including the filing of any notice of intended eminent domain action or proceedings in the nature of eminent domain, Seller shall give Buyer Notice of such occurrence and Buyer shall have the option, exercisable within ten (10) Business Days after receipt of such Notice from Seller, to either: (a) cancel the Escrow and terminate this Agreement, in which case the Parties and the Escrow Agent shall proceed in accordance with Section 3.12; or (b) continue with this Agreement in accordance with its terms, in which event Seller shall assign to Buyer, at the Close of Escrow, any right of Seller to receive any eminent domain award attributable to the SA Property acquired by Buyer pursuant to this Agreement.

4. REMEDIES

4.1 BUYER’S RIGHT TO SPECIFIC PERFORMANCE AND LIMITATION ON RECOVERY OF DAMAGES.

4.1.1 ELECTION OF REMEDIES. DURING THE CONTINUANCE OF AN

EVENT OF DEFAULT BY SELLER UNDER THIS AGREEMENT PRIOR TO THE CLOSING, BUYER SHALL BE LIMITED TO EITHER OF THE FOLLOWING REMEDIES: (1) AN ACTION AGAINST SELLER FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT; OR (2) TERMINATION OF THIS AGREEMENT AND AN ACTION TO RECOVER THE INITIAL DEPOSITFIFTY THOUSAND DOLLARS ($50,000.00). UNDER NO CIRCUMSTANCES

SHALL SELLER BE LIABLE TO BUYER UNDER THIS AGREEMENT FOR ANY AMOUNT EXCEEDING THE AMOUNT SET FORTH IN THIS SECTION 4.1.1, ANY SPECULATIVE,

CONSEQUENTIAL, COLLATERAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES OR

FOR ANY LOSS OF PROFITS SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY BUYER.

4.1.2 WAIVER OF RIGHTS. SELLER AND BUYER EACH

ACKNOWLEDGE AND AGREE THAT SELLER WOULD NOT HAVE ENTERED INTO THIS

AGREEMENT IF SELLER WERE TO BE LIABLE TO BUYER FOR ANY MONETARY

DAMAGES, MONETARY RECOVERY OR ANY REMEDY DURING THE CONTINUANCE

OF AN EVENT OF DEFAULT UNDER THIS AGREEMENT BY SELLER, OTHER THAN

SPECIFIC PERFORMANCE OF THIS AGREEMENT OR TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE AMOUNT SPECIFIED IN CLAUSE “(2)” OF SECTION 4.1.1. ACCORDINGLY, SELLER AND BUYER AGREE THAT THE REMEDIES SPECIFICALLY PROVIDED FOR IN SECTION 4.1.1 ARE REASONABLE AND SHALL BE BUYER’S SOLE AND EXCLUSIVE RIGHTS AND REMEDIES DURING THE CONTINUANCE OF AN EVENT OF DEFAULT UNDER THIS AGREEMENT BY SELLER.

BUYER WAIVES ANY RIGHT TO PURSUE ANY REMEDY OR DAMAGES AGAINST

SELLER ARISING FROM OR RELATING TO THIS AGREEMENT OTHER THAN THOSE SPECIFICALLY PROVIDED IN SECTION 4.1.1.

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4.1.3 STATE CIVIL CODE SECTION 1542 WAIVER. BUYER
ACKNOWLEDGES THE PROTECTIONS OF STATE CIVIL CODE SECTION 1542 REGARDING THE WAIVERS AND RELEASES CONTAINED IN THIS SECTION 4.1, WHICH CIVIL CODE SECTION READS AS FOLLOWS:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.

4.1.4 ACKNOWLEDGMENT. BY INITIALING BELOW, BUYER

KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF STATE CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER

STATE OR FEDERAL) OF SIMILAR EFFECT SOLELY REGARDING THE WAIVERS AND RELEASES CONTAINED IN THIS SECTION 4.1.
_______________________
Initials of Authorized
Buyer Representative(s)

4.1.5 STATEMENT OF INTENT. STATE CIVIL CODE SECTION 1542

NOTWITHSTANDING, IT IS THE INTENTION OF BUYER TO BE BOUND BY THE LIMITATIONS ON DAMAGES AND REMEDIES SET FORTH IN THIS SECTION 4.1, AND

BUYER HEREBY RELEASES ANY AND ALL CLAIMS AGAINST SELLER FOR

MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE

RELIEF RELATED TO ANY EVENT OF DEFAULT UNDER THIS AGREEMENT BY SELLER, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 4.1, WHETHER OR

NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO BUYER AS OF THE EFFECTIVE DATE.

4.2 LIQUIDATED DAMAGES TO SELLER. IF THE CLOSE OF ESCROW DOES NOT OCCUR ON OR BEFORE THE ESCROW CLOSING DATE DUE TO BUYER’S

DEFAULT, THEN SELLER BUYER SHALL RETAIN THE INITIAL DEPOSITPAY SELLER FIFTY THOUSAND DOLLARS ($50,000), AS LIQUIDATED DAMAGES. THE THIS

AMOUNT OF THE INITIAL DEPOSIT IS THE REASONABLE ESTIMATE BY THE

PARTIES OF THE DAMAGES SELLER WOULD SUFFER FROM SUCH DEFAULT, IT

BEING AGREED THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE AND

IMPRACTICABLE, TO FIX THE EXACT AMOUNT OF DAMAGE THAT WOULD BE INCURRED BY SELLER AS A RESULT OF SUCH DEFAULT BY BUYER. UPON SUCH A

DEFAULT BY BUYER, ESCROW SHALL BE CANCELED AND THE PARTIES SHALL PROCEED IN ACCORDANCE WITH SECTION Error! Reference source not found.3.12. IN

ADDITION, IF ALL OR ANY PORTION OF THE INITIAL DEPOSITPURCHASE PRICE HAS

BEEN DEPOSITED INTO ESCROW BY BUYER, ESCROW AGENT IS HEREBY

IRREVOCABLY INSTRUCTED BY BUYER AND SELLER TO DISBURSE THE INITIAL Item 3B - Page 242
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DEPOSITFIFTY THOUSAND DOLLARS ($50,000) TO SELLER AS LIQUIDATED DAMAGES FOR BUYER’S DEFAULT UNDER THIS AGREEMENT AND FAILURE TO

COMPLETE THE PURCHASE OF THE SA PROPERTY, PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, ET. SEQ.

4.3 Legal Actions. Either Party may institute legal action, at law or in equity, to enforce or interpret the rights or obligations of the Parties under this Agreement or recover damages, subject to the provisions of Section 4.1 or Section 4.2, as applicable.

4.4 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties set forth in this Agreement are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies for the same Default or the same rights or remedies for any other Default by the other Party.

5. GENERAL PROVISIONS

5.1 Notices, Demands and Communications Between the Parties. Any and all Notices submitted by one Party to another Party pursuant to or as required by this Agreement shall be proper, if in writing and sent by messenger for immediate personal delivery, nationally recognized overnight (one Business Day) delivery service (i.e., United Parcel Service, Federal Express, etc.) or by registered or certified United States mail, postage prepaid, return receipt requested, to the address of the recipient Party, as designated below in this Section 5.1. Notices may be sent in the same manner to such other addresses as either Party may from time to time designate by Notice in accordance with this Section 5.1. Notice shall be deemed received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that the Notice is sent by messenger for immediate personal delivery, one Business Day after delivery to a nationally recognized overnight delivery service or three (3) calendar days after the Notice is placed in the United States mail in accordance with this Section

5.1. Any attorney representing a Party may give any Notice on behalf of such Party. The Notice addresses for the Parties, as of the Effective Date, are as follows:

To Buyer: Aloe Palm Canyon, L.P.,
c/o West Hollywood Community Housing
Corporation
7530 Santa Monica Blvd
West Hollywood, CA 90046
Attn: Matt MasonAnup Patel, Director of
Real Estate Development
With a copy to: Gubb & Barshay LLP
505 14th Street, Suite 505
Oakland, CA 94612
Attn: Sarah C. PerezNicole Kline, Esq.

Item 3B - Page 243
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To Seller: Successor Agency to the Palm Springs
Redevelopment Agency
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Executive Director
With a copy to: Best Best & Krieger LLP
18101 Von Karman Ave.

Irvine, CA 92612
Attn: Elizabeth Wagner Hull

5.2 Relationship of Parties. The Parties each intend and agree that Seller and Buyer are independent contracting entities and do not intend by this Agreement to create any partnership, joint venture or similar business arrangement, relationship or association between them.

5.3 Calculation of Time Periods. Unless otherwise specified, all references to time periods in this Agreement measured in days shall be to business days, all references to time periods in this Agreement measured in months shall be to consecutive calendar months and all references to time periods in this Agreement measured in years shall be to consecutive calendar years. Any reference to Business Days in this Agreement shall mean consecutive Business Days.

5.4 Governing Law. The procedural and substantive laws of the State shall govern the interpretation and enforcement of this Agreement, without application of conflicts of laws principles or statutes. The Parties acknowledge and agree that this Agreement is entered into, is to be fully performed in and relates to real property located in the County. All legal actions arising from this Agreement shall be filed in the Superior Court of the State in and for the County or in the United States District Court with jurisdiction in the County.

5.5 Unavoidable Delay; Extension of Time of Performance. Performance by either Party under this Agreement shall not be deemed or considered to be in Default, where any such Default is due to the occurrence of an Unavoidable Delay. Any Party claiming an Unavoidable Delay shall Notify the other Party: (a) within twenty (20) days after such Party knows of any such Unavoidable Delay; and (b) within twenty (20) days after such Unavoidable Delay ceases to exist.

The extension of time for performance under this Agreement resulting from the occurrence of an Unavoidable Delay shall commence on the date of occurrence of the condition causing the Unavoidable Delay and shall in no event be longer than ninety (90) days after written notice is received by a Party from the other Party of the occurrence of such an Unavoidable Delay; provided, however, that failure to perform by a Party due to the occurrence of an Unavoidable Delay shall not constitute a breach or Default of this Agreement. Notice of an Unavoidable Delay must describe the Unavoidable Delay in reasonable detail. The Party claiming an extension of time to perform due to an Unavoidable Delay shall exercise commercially reasonable efforts to cure the condition causing the Unavoidable Delay, within a reasonable time.

5.6 Real Estate Commissions. Seller shall not be liable for any real estate commissions, brokerage fees or finder fees that may arise from or be related to this Agreement. Buyer shall pay any fees or commissions or other expenses related to its retention or employment of real estate brokers, agents or other professionals.

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5.7 Third-Party Beneficiaries. Except for the rights expressly conferred to the City in this Agreement in Sections 2.6 and 2.7, nothing else in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any Person other than the Parties and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any Third Person to any Party or give any Third Person any right of subrogation or action over or against any Party.

5.8 Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns.

5.9 Time Declared to be of the Essence. As to the performance of any obligation under this Agreement of which time is a component, the performance of such obligation within the time specified is of the essence.

5.10 Entire Agreement. This Agreement integrates all of the terms and conditions mentioned in this Agreement or incidental to this Agreement, and supersedes all negotiations or previous agreements between the Parties with respect to the SA Property except for sections of the DDA related to the SA Property.

5.11 Waivers and Amendments. All waivers of the provisions of this Agreement must be in writing and signed by the authorized representative(s) of the Party making the waiver. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, condition, restriction or agreement, nor shall any waiver or relinquishment of any rights or powers under this Agreement, at any one time or more times, be deemed a waiver or relinquishment of such right or power at any other time or times. All amendments to this Agreement must be in writing and signed by the authorized representative(s) of both Seller and Buyer.

5.12 Survival of Agreement. All of the provisions of this Agreement shall be applicable to any dispute between the Parties arising from this Agreement, whether prior to or following expiration or termination of this Agreement, until any such dispute is finally and completely resolved between the Parties, either by written settlement, entry of a non-appealable judgment or expiration of all applicable statutory limitations periods and all terms and conditions of this Agreement relating to dispute resolution, indemnity or limitations on damages or remedies shall survive any expiration or termination of this Agreement.

5.13 Counterparts. This Agreement may be signed in multiple counterpart originals each of which is deemed to be an original and all of which shall constitute one agreement.

5.14 Facsimile or Electronic Signatures. Signatures delivered by facsimile or electronically shall be binding as originals upon the Party so signing and delivering; provided, however, that original signature(s) of each Party shall be required for each document to be recorded.
[Signatures on following page]
Item 3B - Page 245
55575.18175\40857828.2
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SIGNATURE PAGE
TO

REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS
IN WITNESS WHEREOF, the Parties have signed and entered into this Agreement by and through the signatures of their respective authorized representative(s) as follow:

SELLER:

CITY OF PALM SPRINGS ACTING IN

ITS CAPACITY AS SUCCESSOR

AGENCY TO THE PALM SPRINGS
REDEVELOPMENT AGENCY, a public
corporation
By:

Justin CliftonTeresa Gallavan
Executive Director
Attest:

By:

Anthony Mejia
City Clerk
Approved as to form:

Best Best & Krieger LLP
By:

Jeffrey S. Ballinger
Successor Agency Counsel

BUYER:

ALOE PALM CANYON, L.P.,
a California limited partnership
By: Aloe Palm Canyon LLC, a California
limited liability company, its general partner
By: West Hollywood Community Housing
Corporation, a California nonprofit public
benefit corporation, its sole member/manager
By:________________________________

Name: Jesse Slansky
Title: President and CEO

Item 3B - Page 246
55575.18175\40857828.2

EXHIBIT A

EXHIBIT A
TO

REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS
Property Legal Description

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 5, BEING ALSO THE MOST NORTHERLY CORNER OF SAID LOT 6;
THENCE SOUTH 89°50’ WEST ALONG THE BOUNDARY LINE OF SAID LOT 5, 35.77 FEET;

THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON THE NORTHERLY LINE OF CAMINO DEL NORTE, 3 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT 6;

Item 3B - Page 247
55575.18175\40857828.2

EXHIBIT B

EXHIBIT B
TO

REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS
Seller Quitclaim Deed

Item 3B - Page 248
55575.18175\40857828.2

EXHIBIT B

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
_________________________
_________________________
_________________________
Attention: ________________
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from Recording Fees – Government Code section 27383

QUITCLAIM DEED
(APN 505-182-004)
The undersigned declares:

Documentary Transfer Tax is: $_______________________

[City or County where Property is located]
Assessor’s Parcel No.: ___________________________
□ computed on full value of interest or property conveyed, or □ computed on full value of liens or encumbrances remaining at time of sale.

FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

CITY OF PALM SPRINGS ACTING IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALMS SPRINGS REDEVELOPMENT AGENCY, a public body, corporate and politic (“Grantor”),
does hereby remise, release and forever quitclaim to
ALOE PALM CANYON, L.P, a California limited partnership (“Grantee”), All of Grantor’s right, title, and interest in that certain real property legally described in Exhibit “1” attached to and by this reference incorporated into this Quitclaim Deed.

Dated: ________________________ CITY OF PALM SPRINGS ACTING IN ITS

CAPACITY AS THE SUCCESSOR AGENCY

TO THE PALM SPRINGS REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:

Justin CliftonTeresa Gallavan
Executive Director
Item 3B - Page 249
EXHIBIT B-1
Exhibit “1”
To
Quitclaim Deed
(APN 505-182-004)
Property Legal Description

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 5, BEING ALSO THE MOST NORTHERLY CORNER OF SAID LOT 6;
THENCE SOUTH 89°50’ WEST ALONG THE BOUNDARY LINE OF SAID LOT 5, 35.77 FEET;

THENCE IN A SOUTHWESTERLY DIRECTION TO A POINT ON THE NORTHERLY LINE OF CAMINO DEL NORTE, 3 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT 6;

Item 3B - Page 250

ATTACHMENT C

Item 3B - Page 251

ATTACHMENT C
Project Vicinity Map
Item 3B - Page 252
Item 3B - Page 253

ATTACHMENT D

Item 3B - Page 254

ATTACHMENT C
Project Renderings
Design Palette
Item 3B - Page 255
Item 3B - Page 256

ATTACHMENT E

Item 3B - Page 257
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
accelerator.hcd.ca.gov
October 25, 2022
Jesse Slansky, President and Chief Executive Officer
West Hollywood Community Housing Corporation
7530 Santa Monica Boulevard
West Hollywood, CA 90046
Matthew Chang, Director of Riverside University Health System – Behavioral Health County of Riverside
4095 County Circle Drive
Riverside, CA 92503
Dear Jesse Slansky and Matthew Chang:

RE: Award Announcement – California Housing Accelerator Project Solicitation, Tier 2
West Hollywood Community Housing Corporation and County of Riverside – Aloe Palm Canyon
Contract No. 22-ACC-17419
The California Department of Housing and Community Development (Department) is pleased to announce that West Hollywood Community Housing Corporations and County of Riverside has been awarded California Housing Accelerator (Accelerator) Tier 2 funds in an amount up to $19,200,000. These funds are made available through the Coronavirus State Fiscal Recovery Fund (CSFRF), established by the federal American Rescue Plan Act of 2021 (ARPA) (Public Law 117-2).

As stated in the February 28, 2022, and as amended May 5, 2022, Project Solicitation and Guidelines, construction of the project, meaning the first land-disturbing activity associated with a project, including land preparation such as clearing, grading, and filling, or the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building, must commence within 180 days of the date of this letter, which constitutes notice of the designation of Accelerator funds for the Awardee. If the project is unable to commence construction by this date, funds may be disencumbered and the sponsor will forfeit its application fee. Additionally, the project must complete permanent loan conversion no later than November 30, 2026.

The Department intends to issue a Standard Agreement within 90 days of receipt of any outstanding documentation required to execute this contract. A program representative will be in communication with you within a week to confirm any additional documents needed to prepare the Standard Agreement.

Item 3B - Page 258
West Hollywood Community Housing Corporation and County of Riverside – Aloe Palm Canyon
Contract No. 22-ACC-17419
October 25, 2022

Page 2 ends

If a Standard Agreement is needed prior to 90 days to facilitate a planned construction closing date, please notify program staff immediately. Please note that the Department reserves the right to reduce the loan amount prior to issuance of the Standard Agreement, should the Department determine there is a supplantation of previously approved public funds or the project is over-subsidized.

Congratulations on your successful application. We are excited to work with you on this new and innovative funding program. For further information, please contact Doniell Cummings, Accelerator Program Manager, Program Design and Implementation Branch, (916) 695-9006 or [email protected].

Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
Item 3B - Page 259

ATTACHMENT F

Item 3B - Page 260
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
June 23, 2021
Matthew Chang, M.D., Director Jesse Slansky, President & CEO County of Riverside West Hollywood Community Housing Corporation 4095 County Circle Drive 7530 Santa Monica Boulevard
Riverside, CA 92501 West Hollywood, CA 90046
Dear Matthew Chang, M.D. and Jesse Slansky:

RE: Award Announcement – No Place Like Home Program, Competitive and Noncompetitive Allocations Round 3, Notice of Funding Availability Fiscal Year 2020/2021 County of Riverside and West Hollywood Community Housing Corporation – Aloe Palm Canyon
Contract No. 20-NPLH-16218
The Department of Housing and Community Development (Department) is pleased to announce that the County of Riverside and West Hollywood Community Housing Corporation (Awardees) have been awarded a No Place Like Home (NPLH) Program, Competitive Allocation, Round 3, award in the amount of $6,063,275, and a Noncompetitive Allocation, Round 3, award in the amount of $350,000 for a total award amount of $6,413,275. This letter constitutes notice of the designation of NPLH funds for the Awardees.

Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing. In addition, expenditures may not be incurred prior to the execution of the Standard Agreement.

Congratulations on your successful application. For further information, please contact Aaron New, NPLH Program Manager, Program Design and Implementation Branch, at (916) 263-2742 or [email protected].

Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
Item 3B - Page 261

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING AN

INVENTORY REPORT OF EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 50569.

RECOMMENDATION:

Accept the Inventory Report of the City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency exempt and non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

Attachments
Item 3C

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 BUSINESS & LEGISLATIVE
SUBJECT: APPROVE A RESOLUTION OF THE CITY OF PALM SPRINGS

ADOPTING AN INVENTORY REPORT OF EXCESS, EXEMPT, AND

NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTION 50569.

FROM: Teresa Gallavan, Interim City Manager
BY: Community & Economic Development Department
SUMMARY:

The Surplus Land Act (the “Act”), as amended, requires that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs … within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory Report”) and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1 of each year as part of the county or city’s annual Housing Element progress report. This action would have the City Council review and approve the Inventory Report.

RECOMMENDATION:

Accept the Inventory Report of City of Palm Springs and Successor Agency to the Palm Springs Redevelopment Agency exempt and non-exempt surplus lands, and excess lands, pursuant to Government Code § 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code § 54230(a)(1).

BACKGROUND:

Government Code § 54230 mandates that California cities and counties prepare, by December 31 of each year, an inventory of all “surplus land,” as that term is defined in the Act, and all “lands in excess of its foreseeable needs,” as that phrase is used in Government Code § 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. “Surplus land” is land that is no longer necessary for an agency’s use and has been officially declared “surplus” by the local agency’s governing body. “Excess land” is land that is beyond an agency’s foreseeable Item 3C - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Surplus Land Resolution
needs but has not yet been declared surplus.

To be “necessary for [an] agency’s use,” land must be “used, … planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or … disposed [of] to support … agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” [Government Code § 54221(c)(1).] STAFF ANALYSIS:

To date, the City of Palm Springs has declared two properties as exempt surplus properties. They are the properties located at the southwest corner of West Stevens Road and North Palm Canyon Drive which are under contract for use in the Aloe Palm Canyon affordable housing project. The remainder of the properties on the Inventory Report are currently “excess” properties.

The Act requires that a local agency declare property as “surplus” before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City’s website and sent to HCD for notification on their website. The notification must stand for sixty (60) days in which time the staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process:

1. If the City and developer come to terms within the proscribed timeline, then the regular development processes would begin; or

2. If after good-faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 15% of the proposed units as affordable.

A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 50 percent for any subsequent violation. As the current law is Item 3C - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Surplus Land Resolution
written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not.

Additionally, the City Council may designate a property as available for continued City use through one of its non-profit partners. For example, City Council could adopt a plan to lease a property to only a non-profit that is providing a City service via a contract between the City and the non-profit and that service or the non-profit work in general (such as homeless services, childcare and/or dental or medical care) is supported by the City through partnerships and/or is the recipient of City grant funding. In such a case, the property is not surplus because it is still needed for City services; therefore, the Act does not apply. In such a situation, the City will still use the RFP process to lease the property.

The term “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.”
Nothing in the Act establishes what information must be included in the Inventory Report.

However, Government Code § 54230(a)(2) provides guidance. Under that section, “each county and each city” must report to HCD, “a description of each parcel described in [such county or city’s Inventory Report] and the present use of the parcel … [by] no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” [Govt. C. § 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a minimum, contain blanks for the following information for each parcel of surplus land:
(i) Street address or similar location information.
(ii) Assessor’s parcel number.
(iii) Existing use.
(iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres.

The proposed Inventory Report of this year’s surplus properties and excess properties is attached to this report.

ENVIRONMENTAL ASSESSMENT:

The actions contemplated by this report do not constitute a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if a development application is submitted, the City will at that time conduct a preliminary Item 3C - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
Surplus Land Resolution
review of the application in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3).) FISCAL IMPACT:

There is no fiscal impact associated with approving the Inventory Report.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Resolution
Item 3C - Page 4
55575.18175\40869213.1 1
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING AN
INVENTORY REPORT OF THE CITY’S SURPLUS AND

EXCESS LAND, PURSUANT TO GOVERNMENT CODE
SECTION 54230
WHEREAS, the City of Palm Springs (“City”) is a municipal corporation and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, Government Code section 54230 requires that on or before December 31 of each year, each local agency make an inventory of all surplus and excess lands held, owned, or controlled by it or by any of its departments, agencies, or authorities (the “Inventory List”), and that such Inventory List be made a matter of public record and be made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, “excess land” is defined in the Act as land that “is in excess of its foreseeable needs”; and
WHEREAS, Government Code section 54230 specifies that the following information must be provided for each property included in the Inventory List: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 54230, is attached hereto as Exhibit A and incorporated herein by this reference.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. Each of the seventeen (17) parcels on the Inventory List (the “Surplus Properties”) are not necessary for the City’s use, and there is no planned use by the City of these surplus or excess properties.

Item 3C - Page 5
55575.18175\40869213.1 2
SECTION 3. Fifteen (15) of the properties are excess lands, as defined in Government Code section 50569, fifteen (15) of the properties are non-exempt surplus land, as defined in Government Code section 54221(b), and two (2) of the Properties are exempt surplus land, as defined in Government Code section 54221(f).

SECTION 4. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City Council hereby authorizes the listing of the surplus and excess properties on the Inventory List created by City staff pursuant to and in compliance with Government Code section 54230.

SECTION 5. The listing of the surplus and excess properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the properties is sold to a purchaser, and that purchaser proposes a use for the property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the above-described actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. This Resolution shall take effect immediately upon its adoption by the City Council.

ADOPTED THIS 5TH DAY OF DECEMBER, 2022.

TERESA GALLAVAN

INTERIM CITY MANAGER
ATTEST:

BRENDA PREE

CITY CLERK
Item 3C - Page 6
55575.18175\40869213.1 3

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

Brenda Pree, City Clerk
City of Palm Springs, California
Item 3C - Page 7
55575.18175\40869213.1 4

EXHIBIT A

INVENTORY LIST
Item 3C - Page 8
Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 1 City of Palm Springs Gene Autry Trail and Mission Drive 677‐540‐028; 677‐540‐036 Vacant Land EXCESS 5.60       243,936 2 City of Palm Springs Southwest Corner of North Belardo Road and Belardo Road 513‐560‐048 Vacant Land EXCESS 0.45         19,602
3 City of Palm Springs N/L W. Chino Canyon Rd. & S/L Sanborn Way APN: 504‐150‐011 Through 504‐150‐055 Vacant Land EXCESS 31.40   1,367,784 4 City of Palm Springs
West of North Vista Grande Avenue between Tramway Road and W. Racuqet Club Road 504‐040‐046 Vacant Land EXCESS 41.60   1,812,096
5 Palm Springs Successor Agency 190 W. Sunny Dunes Rd. 513‐290‐013 Vacant Land EXCESS 0.16           6,970 6 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Ramon Road and Vella Road, north of Calle De Ricardo 680‐072‐012; 680‐072‐009;
680‐072‐006; 680‐072‐005 Vacant Land EXCESS 1.07         46,692 7 City of Palm Springs
4 parcels on eastern half of block located at southwest corner of Calle De Ricardo and Vella Road, north of Calle De Carlos 680‐073‐003; 680‐073‐004;
680‐073‐006; 680‐073‐005 Vacant Land EXCESS 0.93         40,589 8 City of Palm Springs 1479 N. Palm Canyon Dr. 505‐182‐010 Vacant Land [UNDER
CONTRACT FOR
AFFORDABLE HOUSING
PROJECT]
EXEMPT SURPLUS 1.00         43,560
9 Palm Springs Successor Agency 1479 N. Palm Canyon Dr. 505‐182‐004 Vacant Land [UNDER
CONTRACT FOR
AFFORDABLE HOUSING
PROJECT]
EXEMPT SURPLUS 0.75         32,670
EXHIBIT A
Inventory List
Item 3C - Page
9 10 City of Palm Springs 285 N. Indian Canyon Dr. 513‐091‐003 Vacant Land EXCESS 0.13           5,810 11 City of Palm Springs 223 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.02               949 12 City of Palm Springs 221 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.08           3,310 13 City of Palm Springs 211 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.06           2,685 14 City of Palm Springs 219 S. Palm Canyon Dr. 513‐153‐017 Commercial Building EXCESS 0.02               916 15 City of Palm Springs / Housing Successor
233 West Tramview Road 501‐401‐010 Vacant Land EXCESS 0.17           7,405 16 City of Palm Springs / Housing Successor El Dorado Boulevard (no address) 501‐401‐039 Vacant Land EXCESS 0.21           9,148 17 City of Palm Springs Rosa Parks Road (no address) 669‐353‐001 Vacant Land EXCESS 0.22           9,583 Item 3C - Page 10

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, AND ADOPTING AND AMENDING THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE
RECOMMENDATION:

Waive the first reading of the ordinance text in its entirety and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING

BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA
RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, INCLUDING ALL APPENDICES;” and

1. Waive the first reading of the ordinance text in its entirety and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING

BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES.”

2. Attachments
Item 3D

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 BUSINESS & LEGISLATIVE
SUBJECT: PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2022 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022
CALIFORNIA RESIDENTIAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022
CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY
CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE 2022

CALIFORNIA HISTORICAL BUILDING CODE, AND ADOPTING AND
AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE
CODE
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
Alberto Gradilla, Building Official
Jason Loya, Acting Fire Chief
SUMMARY:

The City Council will consider adoption of two ordinances that will adopt and amend the 2022 editions of the California Building Standards Codes (Title 24), which includes: 2022 Fire Code, 2022 Building Code, 2022 Plumbing Code, 2022 Mechanical Code, 2022 Electrical Code, 2022 Green Building Standards Code, 2022 Energy Code, 2022 Existing Building Code, 2022 Historical Building Code, and adopt and amend the 2021 edition of the International Property Maintenance Code, to be effective January 1, 2023. At this meeting, the City Council will introduce the two ordinances for first reading. A public hearing to consider second reading and adoption of the two ordinances will be scheduled for January 12, 2023.

RECOMMENDATION:
1) Waive the first reading of the ordinance text in its entirety and introduce Ordinance No. ____, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF CHAPTER

8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE, Item 3D - Page 1
City Council Staff Report
December 5, 2022 – Page 2
Building Standards Codes Update

TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021 INTERNATIONAL PROPERTY
MAINTENANCE CODE, INCLUDING ALL APPENDICES;” and
2) Waive the first reading of the ordinance text in its entirety and introduce Ordinance No. _____, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF CHAPTER

8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY REFERENCE,

TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN APPENDICES.”

BACKGROUND
The State’s Health and Safety Code requires local governments to adopt the most recent editions of California Building Standards Codes (Title 24) related to building standards for specific types of buildings, building equipment, and features. The most recent edition for 2022, to be effective January 1, 2023, includes:
• 2022 California Fire Code
• 2022 California Building Code
• 2022 California Residential Code
• 2022 California Plumbing Code
• 2022 California Mechanical Code
• 2022 California Electrical Code
• 2022 California Green Building Standards Code
• 2022 California Energy Code
• 2022 California Existing Building Code
• 2022 California Historical Building Code
In past code cycles, the City Council has also adopted the International Property Maintenance Code, which is recommended to be adopted and continued in effect. The most current edition of the International Property Maintenance Code that the City may adopt in this cycle is the 2021 edition. Together, these codes constitute the City’s Building Codes.

Item 3D - Page 2
City Council Staff Report
December 5, 2022 – Page 3
Building Standards Codes Update
The State’s Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 of the California Code of Regulations [the “CCR”]) every three years. At each triennial adoption, the City evaluates the Building Codes to determine whether local conditions require adoption of amendments to, or deletion of, certain Building Code sections, or adoption of new Building Code sections to address Building or Fire Code standards specifically applicable to the City of Palm Springs.

Consideration of the 2022 California Building Standards Codes is required to ensure that by January 1, 2023, when the state mandated implementation of these Codes occur, the City Council has adopted any changes necessary due to local climatic, geologic, or topographic conditions. Two ordinances have been prepared to adopt the Building Codes, with the local amendments identified, along with certain Findings of Fact to allow for the City’s adoption of the local amendments.

This year, with the adoption of the 2022 California Building Standards Codes, staff is recommending that the local amendments adopted with the 2019 California Building Standards Codes be carried forward and adopted as part of the 2022 California Building Standards Codes, with certain further amendments or deletions as noted herein.

The City may amend Title 24 CCR to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the City relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards.

STAFF ANALYSIS:

The Building Official and the Fire Chief recommend that the City Council adopt the 2022 Building Standards Codes with the recommended changes and modifications. These changes and modifications are necessary due to the local conditions in the City of Palm Springs, which include high winds, extreme temperatures, and the city’s physical proximity to known active earthquake faults. Staff recommends these local amendments be adopted by City Council to ensure safe construction practices in light of the unique conditions that exist within the City of Palm Springs. Express findings for local amendments to the California Building Standards Codes are included in the Ordinances recommended for City Council’s consideration. An Ordinance has been prepared to officially adopt the State Building Codes, with local amendments as recommended, included as Attachment 1.

The following Tables identify where new or deleted local amendments to the California Building Standards Codes are recommended, with a general purpose statement. Local amendments previously adopted for the 2019 Codes and recommended for re-adoption to be carried forward as amendments to the 2022 Codes are not identified. New local Item 3D - Page 3
City Council Staff Report
December 5, 2022 – Page 4
Building Standards Codes Update
amendments are shown in bold italic.
2022 FIRE CODE AMENDMENTS

SECTION NEW DELETED PURPOSE
503.6 * Security Gates
New Fire Code Regulation Related to Security Gates
There are over 164 secured automated vehicle gates across the City. Out of these 164 gates, only 10 gates are properly equipped for emergency access.

Staff recommends a local amendment that refines the requirements of secure automated vehicle gates to capture the 154 gates that are not properly equipped for emergency access. This new amendment shall state the following:
503.6 Secured automated vehicle gates new and existing shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key electric switch when required by the Fire Code Official.

Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the Fire Code Official.

While this change would cost HOA’s and Businesses approximately $596 plus labor, it would greatly improve patient care and response times.

An Ordinance has been prepared to officially adopt the state Fire Codes, with local amendments as recommended, included as Attachment 2.

Included with this Ordinance is reference to and adoption of the following documents:
• 5-Minute Response Time Map (to be adopted as Appendix P) • Very High Fire Hazard Severity Zone Map (to be adopted as Appendix Q) • Vegetation Management in Very High Fire Hazard Severity Zones (Appendix S) • Fire Department Development Requirements (to be adopted as Appendix T) ADDITIONAL CODE-RELATED ACTIONS:

While this proposed action will adopt the 2022 California Building Standards Codes, staff is also in the process of finalizing additional legislation to assist with the application of code requirements and address the City’s climate action goals. The additional legislation includes:

Item 3D - Page 4
City Council Staff Report
December 5, 2022 – Page 5
Building Standards Codes Update
• Grease interceptor waiver procedures and criteria;
• Energy Reach Code for Commercial New Construction; and • Energy Reach Codes for Residential Buildings Built before 2011.

It is anticipated that these items will be brought forward to the City Council for discussion and adoption in the first quarter of 2023.

LEGISLATIVE ACTION:

Introduce the Ordinances for first reading and schedule a public hearing for January 12, 2023, for consideration and adoption of the Ordinances to adopt the 2022 California Building Standards Code and related codes.

ENVIRONMENTAL IMPACT:

Staff has determined and recommends that the City Council find that the amendments to the Municipal Code, made pursuant to this Ordinance, are exempt from the California Environmental Quality Act (“CEQA”) because they do not constitute a project within the meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical change to the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. These amendments do not allow any new activities, but merely adopt updated language. The City Clerk shall be the custodian of record for the documentation supporting this action. Staff is hereby directed to file a Notice of Exemption with within five (5) days of the adoption of this Ordinance.

FISCAL IMPACT:

The cost for adopting and enforcing the updated codes and providing staff training has been included in the annual Building Department’s budget for FY 2022-2023.

REVIEWED BY:

Department Director: Alberto Gradilla
Acting Fire Chief: Jason Loya
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

1. Building Code Adoption Ordinance

2. Fire Code Adoption Ordinance

3. Fire Code Appendices
Item 3D - Page 5
ATTACHMENT #1
Item 3D - Page 6
1 ORDINANCE NO. _____.

AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING AND RESTATING ARTICLE I OF CHAPTER 8.04 OF

THE PALM SPRINGS MUNICIPAL CODE, ADOPTING BY

REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS AND DELETIONS, THE 2022 CALIFORNIA
BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I,
AND J; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCLUDING
APPENDIX AH; THE 2022 CALIFORNIA MECHANICAL CODE;
THE 2022 CALIFORNIA PLUMBING CODE, INCLUDING
APPENDICES A, B, D, G, H, I AND K; THE 2022 CALIFORNIA
EXISTING BUILDING CODE; THE 2022 CALIFORNIA
HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE
2022 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL
APPENDICES; THE 2022 CALIFORNIA ENERGY CODE,
INCLUDING ALL APPENDICES; THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS CODE; AND THE 2021 INTERNATIONAL

PROPERTY MAINTENANCE CODE, INCLUDING ALL

APPENDICES AS MANDATED BY CALIFORNIA HEALTH AND
SAFETY CODE SECTION 18938 AND DETERMINING THE

ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

CITY ATTORNEY SUMMARY
This Ordinance adopts and amends the 2022 Building Standards Code, Title 24 California Code of Regulations, which includes the California Building, Residential, Mechanical, Plumbing, Existing Building, Historical Building, Electrical, Energy, and the Green Building Standards Codes (Parts 2, 2.5, 4, 5, 10, 8, 3, 6 and 11 respectively). In addition, this Ordinance adopts the 2021 International Property Maintenance Code.

WHEREAS, pursuant to Government Code section 50022.1 et seq., the City of Palm Springs (“City”) may adopt by reference the California Building Standards Code, 202219 Edition as provided in Title 24 of the California Code of Regulations and other codes, including, without limitation, the California Building, Residential, Mechanical, Plumbing, Existing Building, Historical Building, Electrical, Energy and the Green Building Standards Codes, in addition the 2021 International Property Maintenance Code (collectively, the “Uniform Codes”).

WHEREAS, on January 1, 2023, the California Building Standards Commission (“Commission”) will adopt the 2022 Edition of the California Building Item 3D - Page 7
Ordinance No. ____

Page 2 ends

2 Standards Code; and
WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Palm Springs; and, WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions; and
WHEREAS, the City’s unique climatic, geological and topographical conditions make it reasonably necessary for the City to enact amendments to the adoption of the 2022 California Building Standards Code; and WHEREAS, the City’s Building Official has recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the City, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and WHEREAS, the City’s Building Official has also recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and
WHEREAS, the City held a public hearing on January 12, 2023, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on December 5, 2022 and January 12, 2023; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

Item 3D - Page 8
Ordinance No. ____

Page 3 ends

3 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS. The City Council of the City of Palm Springs (“City”) is informed and finds that it is reasonably necessary to amend certain portions of the 2022 Edition of The California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological and topographical conditions existing in the City. The City Council further finds that some changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following (climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2022 California Building Standards Code made herein in this Ordinance:
(a) The City is subject to relatively low amounts of precipitation, very low humidity levels, and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during the summer months, temperatures often exceed 100 degrees Fahrenheit. During the same months, humidity is usually less than 40%, and humidity measurements less than 15% are not uncommon.

These conditions contribute to an increased likelihood of fire.

Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions.
(Finding applicable to Amendments to California Building Code Sections 901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1, 903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.10.2.4, 907.2.12, 907.2.18; California Residential Code Sections R313.1.2 and R313.2.2; and California Electrical Code Section 310.15(B)(2)(a).)
(b) The City is subject to extremely strong winds, commonly referred to as "Santa Ana Winds", which reach speeds in excess of 50 miles per hour. Extensive damage often occurs during such winds including fallen trees; blowing sand and debris; downed utility poles, utility circuits, and utility service lines; and structural damage to buildings.

These adverse conditions can cause: (1) fires, (2) impairment of emergency apparatus access, (3) delays in response times of emergency apparatus, and (4) the depletion of apparatus readily available for fire suppression activities.

Item 3D - Page 9
Ordinance No. ____

Page 4 ends

4 (Finding applicable to Amendments to California Building Code Sections 901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1, 903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.12, 907.2.18, Appendix J104.2; and California Residential Code Sections R313.1.2 and R313.2.2.)
(c) Aside from relatively level desert, the City also consists of mountains, brush, and covered wild lands. Elevation ranges from 479 feet in the central business district to 4,000 feet in the mountains in the most Southern boundaries of the city limits. Topography extends from flat to 15% slope for habitable land. Traffic and circulation congestion in the urban areas to buildings located in the commercial areas in the most Northern and Eastern boundaries of the city limits often place fire department response time to emergencies at risk. This condition necessitates the need for enhanced on-site fire protection systems for properties.
(Finding applicable to Amendments to California Building Code Sections 901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1, 903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.12, 907.2.18; and California Residential Code Sections R313.1.2 and R313.2.2.)
(d) The San Andreas Fault is a major earthquake fault located in close proximity to the City of Palm Springs. In addition, there are numerous minor faults located throughout Riverside County that are subject to seismic activity. Additionally, Palm Springs is also subject to high wind conditions, blowing sand, flooding, landslides and wildfires. The placement of existing and new development buildings along with fire department staffing constraints have made it difficult for the fire department to locate additional fire stations. These constraints challenge current staffing to concentrate fire companies and personnel to control fires in single- and multi-story retail buildings, residential, commercial, and industrial buildings, making enhanced, built-in fire protection systems necessary.
(Finding applicable to Amendments to California Building Code Sections 901.6.1.1, 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.7, 903.2.9, 903.2.9.1, 903.2.10, 903.2.10.1, 903.2.21, 903.2.22, 903.3.9, 903.6, 907.2.12, 907.2.18; and California Residential Code Sections R313.1.2 and R313.2.2.)
Item 3D - Page 10
Ordinance No. ____

Page 5 ends

5 (e) During the months of June through September it is common for temperatures to exceed 100 degrees F and even rise to 115 degrees F on occasions. Indoor temperatures may become intolerable and may even be harmful to seniors, children, and people with chronic illnesses. For this reason, amendments are necessary for the health and safety of residents and tenants.
(Finding applicable to Amendments to the California Building Code Section 1203.1; California Residential Code Section R303.11; and International Property Maintenance Code Sections 602.1, 602.2 and 602.3.1.)
(f) Additional amendments and deletions to the California Building Code and the California Electrical Code are administrative or procedural in nature and reasonable and necessary to safeguard life and property within the City.
(Finding applicable to Amendments to the California Building Code Sections 101.1, 102.6, 105.2, 105.3.2, 105.5, 105.8, 107.5, 110.3.12, 111.2, 113, 202, 502.1, 1206.1, 1510.1, 3109.1 and J101.1; and California Electrical Code Section 89.115.1.)
(g) The City of Palm Springs averages over 250 sunny days per year.

Given its hot and dry climate makes it ideal for the construction of private and public swimming pools. A leading cause of death for young children is pool drowning.
(Finding applicable to Amendment to the California Building Code Section 3109.2.1.)
(h) The City of Palm Springs averages over 250 sunny days and 350 days with sunshine. Given this great amount of solar energy, and the need and desire to be green and sustainable, many residential builders and property owners are choosing to install photovoltaic systems on their dwellings. Moreover, the California Energy Code is prescriptively requiring photovoltaic systems on new single-family dwellings.
(Finding applicable to Amendments to the California Electrical Code Sections 90.8(A)(1) and 230.79(C).)
(i) The topography of the City includes level lands of sandy soils to varying types of rock found in the foothills and mountains.

Item 3D - Page 11
Ordinance No. ____

Page 6 ends

6 The California Building Code, without amendments, does not provide sufficient information for grading operations, and thus amendments are necessary to safeguard life and property within the City. (Finding applicable to Amendments to California Building Code Sections J104.1.1 and J104.2.)
SECTION 2. Article I of Chapter 8.04 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

ARTICLE I

BUILDING CODES
Section:

8.04.005 Citation of Building Code.

8.04.010 California Building Code—Adopted.

8.04.015 California Building Code—Additions, Amendments and Deletions.

8.04.016 California Residential Code—Adopted.

8.04.017 California Residential Code—Additions, Amendments and Deletions.

8.04.020 California Mechanical Code—Adopted.

8.04.021 California Mechanical Code—Additions, Amendments and Deletions.

8.04.030 California Plumbing Code—Adopted.

8.04.031 California Plumbing Code—Additions, Amendments and Deletions.

8.04.035 International Property Maintenance Code—Adopted.

8.04.036 International Property Maintenance Code—Additions, Amendments and Deletions.

8.04.040 California Existing Building Code—Adopted.

8.04.045 California Historical Building Code—Adopted.

8.04.050 California Electrical Code—Adopted.

8.04.055 California Electrical Code—Additions, Amendments and Deletions.

8.04.065 California Energy Code—Adopted.

8.04.070 California Green Building Standards Code—Adopted.

8.04.072 Reserved.

8.04.080 Reserved.

SECTION 3. Section 8.04.005 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.005 Citation of Building Code.

Item 3D - Page 12
Ordinance No. ____

Page 7 ends

7 This chapter, the 2022 California Building Code, including Chapter 1, Appendices C, I, and J; the 2022 California Residential Code, including Appendix AH; the 2022 California Mechanical Code; the 2022 California Plumbing Code, including Appendices A, B, D, G, H, I and K; the 2021 International Property Maintenance Code, including all Appendices; the 2022 California Existing Building Code; the 2022 California Historical Building Code, including Appendix A; the 2022 California Electrical Code, including all Appendices; the 2022 California Energy Code, including all Appendices; and the 2022 California Green Building Standards Code may be collectively referred to and cited as the Palm Springs Building Code.

SECTION 4. Section 8.04.010 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.010 California Building Code—Adopted.

These certain documents, a copy of each of which are on file in the office of the City Clerk, being marked and designated as the 2022 California Building Code, California Code of Regulations Title 24, Part 2, Volumes 1 & 2, including Chapter 1, Appendices C, I and J, and all tables and indices thereto, except as hereinafter modified, are hereby adopted by reference, pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 4. Section 8.04.015 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.015 California Building Code—Additions, Amendments and Deletions.

The California Building Code, together with Chapter 1 providing the administrative and enforcement provisions of the code, is adopted herein by reference is hereby modified by the following additions, amendments and deletions:
1) Amend subsection 102.6, Existing Structures, to read as follows:
102.6 Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the California Existing Building Code, the International Property Maintenance Code, or the California Fire Code.
2) Amend subsection 105.2, Work exempt from permit. Building: 2., to read as follows:

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8 105.2 Work exempt from permit. Building: 2. Solid fences or walls not over 42” high and open fences (must have an open surface area of at least 90 percent or more) not over 48” high.
3) Amend subsection 105.2, Work exempt from permit. Building: 4., to read as follows:
105.2. Work exempt from permit. Building: 4. Retaining walls that are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable or combustible liquids.
4) Amend subsection 105.3.2, Time limitation of application, to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or two extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

If the applicant submits a request for extension after the expiration date, the applicant shall resubmit plans and pay a new plan review fee. The application shall be subject to any new adopted laws, ordinances and regulations that became effective since the original application date. 5) Amend subsection 105.5, Expiration, to read 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 any time after the work is commenced for a period of 180 days. 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 and upon a written request of the applicant demonstrating and identifying circumstances beyond its reasonable control preventing completion of the work authorized by the permit, the building official may grant, in writing, an extension of time, for a period not to exceed 90 days. However, no permit shall be extended such that its term exceeds three years from date of issuance, unless showing significant cause for such extension and is authorized by the City Council.

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9 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 (1) year.

Exception: Permits related to code enforcement action may be set for expiration dates of less than 180 days and is subject to the discretion of the building official.
6) Add new subsection 105.8, Permit issuance restrictions, to read as follows:
105.8 Permit issuance restrictions. Permits for electrical, mechanical, or plumbing work, on other than R-3 and associated U occupancies, shall only be issued to California licensed contractors.
7) Amend subsection 107.5, Retention of construction documents, to read as follows:
107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 90 days from date of completion of the permitted work, or as required by state or local laws.
8) Add new subsection 110.3.13, Swimming pools, to read as follows:
110.3.13 Swimming pools. The minimum inspection requirements for swimming pool permits are as listed.
110.3.13.1 Pre-Gunite. Inspection shall be made after all pool steal is in place and bonded but prior to application of any gunite. 110.3.13.2 Underground plumbing, gas and electrical. Inspection shall be made after the Pre-Gunite and installation of all underground utilities, but prior to covering any pipes or conduits.

Note: A single Combination Inspection may be performed which includes Pre-Gunite and Underground.
110.3.13.3 Deck bonding. Inspection shall be made after the pool deck steel is installed and bonded, but prior to pouring any concrete. 110.3.13.4 Encapsulation. Inspection shall be made after the pool is gunited, and the lighting niche is installed and wired, but prior to the application of plaster or other finishes. All alarms, barriers and other protective measures must be in place.
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10 inspected and complete and the pool is filled with water.

9) Amend subsection 111.2, Certificate issued, 3, to read as follows:
111.2 Certificate issued. 3. The name and address of the business or property owner.
10) Amend subsection 111.2, Certificate issued, 6, to read as follows:
111.2 Certificate issued. 6. The name of the building official and the issuing individual.
11) Amend subsection 113.1, Board of Appeals, to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals in the City of Palm Springs shall be the City Council as set forth in Palm Springs Municipal Code 8.04.340. The City Council shall adopt rules of procedure for conducting its business. 12) Amend section 202, Definitions, by adding the following definition:

FIVE MINUTE FIRE DEPARTMENT RESPONSE TIME. The Five-Minute Fire Department Response Time is defined as the time the fire station or response personnel receive notification of a call for emergency service, allowing one-minute for “firefighter turnout” and four-minutes for travel on paved streets. The Palm Springs Fire Department Five-Minute Response Time Map is identified in Appendix M of the Fire Code of the City of Palm Springs.
13) Amend subsection 502.1, Address identification, to read as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be 12 inches high for commercial and 6 inches high for residential with a minimum stroke width of 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

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11 14) Add new subsection 901.6.1.1, Approval required, to read as follows:
901.6.1.1 Approval required. Prior to the removal of any fire protection system, approval shall be obtained from the fire code official. 15) Amend subsection 903.2, Where required, to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in Sections 903.2.1 through 903.2.22 as amended by this code. For purposes of this code, subsections regarding building size and fire resistive construction shall not be considered for purposes of reducing the gross fire area of that building.

Exceptions: (1) Group U Occupancies of non-combustible
construction; and (2) Group S-2 carports – 100% open on all sides of non-combustible construction.

An approved automatic fire sprinkler system shall be installed in any building, regardless of gross fire area, that is built beyond a five-minute fire department emergency response time as defined in Section 202.

Exceptions: (1) Group U Occupancies of non-combustible
construction; and (2) Group S-2 carports – 100% open on all sides of non-combustible construction.

An approved automatic fire sprinkler system shall be installed in every Group A Occupancy per Section 903.2.1 including those that result from a change of use in an existing building or portion thereof.

Exception: Group A-2 occupancies.
16) Delete subsection 903.2.1.1, Group A-1.
17) Amend subsection 903.2.1.2, Group A-2, to read as follows:
903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exist:

1. The fully enclosed area exceeds 3,000 square feet. For the purposes of this section, the term “fully enclosed area” means an area enclosed by fire walls, fire barriers, or walls extending from floor to ceiling but does not include patio areas included solely within the horizontal projection of the roof or floor next above.

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12 2. The fire area exceeds 5,000 square feet.

3. The fire area has an occupant load of 100 or more.

4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

1. Throughout all Group E fire areas greater than 3,000 square feet in area.
19) Amend the exception to item 2 of subsection 903.2.3, Group E, to read as follows:

Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level and the fire area does not exceed 3,000 square feet. 20) Amend items 1 and 3 of subsection 903.2.4, Group F-1, to read as follows:

1. Where a Group F-1 fire area exceeds 3,000 square feet.

3. Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.
21) Amend items 1, 3, 4 and 5 of subsection 903.2.7, Group M, to read as follows:

1. Where a Group M fire area exceeds 3,000 square feet.

3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.

4. A Group M occupancy used for the display and sale of upholstered furniture and mattresses exceeds 3,000 square feet.

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13 5. The structure exceeds 3,000 square feet, contains more than one fire area containing a group M occupancy and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating. 22) Amend items 1, 3 and 4 of subsection 903.2.9, Group S-1, to read as follows:

1. A Group S-1 fire area exceeds 3,000 square feet.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.

4. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 3,000 square feet.
23) Amend items 1, 2 and 4 of subsection 903.2.9.1, Repair garages, to read as follows:

1. Buildings two or more stories in height, including basements, with a fire area containing a repair garage exceeding 3,000 square feet.

2. One-story buildings with a fire area containing a repair garage exceeding 3,000 square feet.

4. A Group S-1 fire area used for repair of commercial trucks or buses where the fire area exceeds 3,000 square feet.
24) Amend subsection 903.2.10, Group S-2 enclosed parking garages, to read as follows:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy, as classified in accordance with section 406.6 of the California Building Code, where one of the following conditions exists:

1. A Group S-2 fire area exceeds 3,000 square feet; or
Exception: Group S-2 carports – 100% open on all sides of non-combustible construction.

2. Where the enclosed parking garage is located beneath other groups. 25) Amend subsection 903.2.10.1, Commercial parking garages, to read as follows:

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14 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area exceeds 3,000 square feet. 26) Add new subsection 903.2.21, Group B, to read as follows:
903.2.21 Group B. An automatic sprinkler system shall be provided throughout all new buildings containing a Group B occupancy that exceeds 3,000 square feet.
27) Add new subsection 903.2.22, Group F-2, to read as follows:
903.2.22 Group F-2. An automatic sprinkler system shall be provided throughout any new building containing a Group F-2 occupancy that exceeds 3,000 square feet.
28) Amend subsection 903.3.9, Floor control valves, to read as follows:
903.3.9 Floor control valves. Approved supervised indicating control valves, check valves, water flow detection assemblies and main drains shall be provided at the point of connection to the riser on each floor in buildings three or more stories in height unless otherwise approved by the fire code official. Valve locations will be determined and approved by the fire code official.
29) Add new subsection 903.6, Increased square footage, to read as follows:
903.6 Increased square footage. Any existing building or structure undergoing construction or alteration which adds square footage exceeding the total area as prescribed in Section 903.2 shall require an approved automatic fire sprinkler system.

Exceptions: (1) One and two-family dwellings and manufactured homes; and (2) additions to occupancies equaling fifty (50) percent or less of total floor area. Fire sprinkler requirements for these occupancies shall be determined based on California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings. 30) Amend subsection 907.2.12, High-rise buildings, to read as follows:
907.2.12 High-rise buildings. High-rise buildings and buildings having occupied floors located more than 60 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection system in accordance with 907.2.12.1 and emergency voice/alarm communication systems in accordance with Section 907.5.2.2.

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15 31) Amend subsection 907.2.18, Deep underground buildings, to read as follows:
907.2.18 Deep underground buildings. All underground buildings shall be equipped throughout with a manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with Section 907.5.2.2.
32) Amend subsection 1203.1, Equipment and systems, 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 which are capable of maintaining a maximum room temperature of 80 degrees Fahrenheit in all habitable rooms.
33) Subsection 1206.1, Scope, is amended to read as follows:
1206.1 Purpose and Scope. The purpose of this section is to establish uniform minimum noise insulation performance standards to protect persons within hotels, motels, dormitories, apartment houses, attached dwellings, and those detached single-family dwellings located within the airport ‘N’ zone overlay from the effects of excessive noise, including, but not limited to, hearing loss or impairment and interference with speech and sleep.
34) Amend subsection 1511.1, General, to read as follows:
1511.1 General. The provisions of this section shall govern the construction of rooftop structures. All rooftop equipment, unless exempted by the Building Official, shall be provided with an approved six (6) inch high platform equipped with a sheet metal cover. Design of the platform shall be as per City detail or approved equal.
35) Amend subsection 3109.1, General, to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the California Codes.
36) Add subsection 3109.2.1, Drowning prevention safety features, to read as follows:
3109.2.1 Drowning prevention safety features. Under section 115922, number (1) shall be required plus one of the other remaining six drowning prevention features.

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16 37) Add new subsection J101, Building Official, to Appendix J, Grading, to read as follows:

J101 Building Official. For the purpose of administration and enforcement of this Appendix J, Grading, the building official shall mean the City Engineer or his or her designated representative.
38) Add new subsection J104.1.1, Grading designation, to Appendix J, Grading, to read as follows:

J104.1.1 Grading designation. Grading in excess of 2,000 cubic yards shall be performed in accordance with an approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading”.

Grading involving less than 2,000 but more than 50 cubic yards shall be performed in accordance with an approved grading plan prepared by an appropriate design professional as allowed by the building official, and shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. Grading involving less than 50 cubic yards shall be exempt from the requirements for a grading plan, unless determined otherwise by the building official, in which case grading shall conform to the requirements for regular grading.

Exception: Grading in excess of 2,000 cubic yards which is primarily of a landscaping and “fine grading” nature, where no flood hazard is present, may be designated “regular grading” at the discretion of the building official.
39) Amend subsection J104.2, Site plan requirements by adding text after the first paragraph of the subsection to read as follows:

Dust Control. An effective means of dust control, which shall include provisions or adequate watering during the grading provisions for adequate watering during the grading process and provision for continuance of dust control after grading, until such time that the graded surface presents sufficient protective cover against wind or water erosion so that special dust control measures are no longer necessary.

Engineered Grading Requirements. An application for a grading permit shall be accompanied by two sets of plans and specifications, and a soils report meeting the requirements of Section J104.3. The plans and specifications shall be prepared and signed by an individual licensed to practice as a civil engineer by the California Board of Professional Engineers and Land Surveyors.

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17 Specifications, when required, shall contain information covering construction and material requirements.

Plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the location of the work, the name and address of the owners, and the person by whom they were prepared.

The plans shall include the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a hydrology study including a map showing the drainage area and the calculations of the estimated stormwater runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations.

6. Recommendations included in the soils report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils report, which are applicable to grading, may be included by reference.

7. The dates of the soils report together with the names, addresses and phone numbers of the firms or individuals who prepared the report.

Regular Grading Requirements. An application for a grading permit shall be accompanied by two sets of plans and specifications, and a soils report meeting the requirements of Section J104.3. The plans and specifications shall be prepared and signed by an individual appropriately licensed to practice civil engineering, architecture, or a similar field by the state of Item 3D - Page 23
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18 California, with experience preparing grading plans, or as allowed by the building official.

Plans and specifications for regular grading shall conform to the requirements for engineered grading; however, particular requirements may be waived at the discretion of the building official given the particular nature of proposed grading designated as “regular grading.”
Exception: Grading in excess of 2,000 cubic yards which is primarily of a landscaping and “fine grading” nature, where no flood hazard is present, may be termed “regular grading” at the discretion of the Building Official.

SECTION 6. Section 8.04.016 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.016 California Residential Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2022 California Residential Code, California Code of Regulations Title 24, Part 2.5, including Chapter 1 and Appendix AH, and all tables and indices thereto, except as hereinafter modified, is hereby adopted by reference as the Palm Springs Residential Code pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 7. Section 8.04.017 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.017 California Residential Code—Additions, Amendments and Deletions.

The California Residential Code adopted herein by reference is hereby modified by the following additions, amendments and deletions:
1) Amend section R303, Light, Ventilation and Heating to read as follows:

R303 Light, Ventilation, Heating and Air Conditioning
2) Add new subsection R303.11, Required air conditioning, to read as follows:

R303.11 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.

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19 3) Add new subsection R313.1.2, Townhouse increased square footage, to read as follows:

R313.1.2 Townhouse increased square footage. Any existing building or structure undergoing construction or alteration which adds square footage exceeding the total area as prescribed in Section 903.2 of the Palm Springs Fire Code, Article VI of the City of Palm Springs Municipal Code, shall require an approved automatic fire sprinkler system.

Exceptions: (1) One and two-family dwellings and manufactured homes; and (2) additions to occupancies equaling fifteen (15) percent or less of total floor area. Fire sprinkler requirements for these occupancies shall be determined based on California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings. 4) Add new subsection R313.2.2, Increased square footage, to read as follows:

R313.2.2 Increased square footage. Any existing building or structure undergoing construction or alteration which adds square footage exceeding the total area as prescribed in Section 903.2 of the Palm Springs Fire Code, Article VI of the City of Palm Springs Municipal Code, shall require an approved automatic fire sprinkler system.

Exceptions: (1) One and two-family dwellings and manufactured homes; and (2) additions to occupancies equaling fifteen (15) percent or less of total floor area. Fire sprinkler requirements for these occupancies shall be determined based on California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings. 5) Amend subsection R801.2, Requirements, by adding a new paragraph at the end of the subsection to read as follows:

All rooftop equipment unless exempt by the Building Official, shall be provided with an approved six-inch high platform equipped with a sheet metal cover. Design of the platform shall be as per City detail or approved equal.

SECTION 8. Section 8.04.020 of the Palm Springs Municipal Code is amended and restated to read as follows:

8.04.020 California Mechanical Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2022 California Mechanical Code, Item 3D - Page 25
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20 California Code of Regulations Title 24, Part 4, including Chapter 1 and all tables and indices thereto, is hereby adopted by reference as the Palm Springs Mechanical Code pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 9. Section 8.04.021 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.021 California Mechanical Code—Additions, Amendments and Deletions.

The California Mechanical Code adopted herein by reference is hereby adopted.

SECTION 10. Section 8.04.030 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.030 California Plumbing Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2022 California Plumbing Code, California Code of Regulations Title 24, Part 5, including Chapter 1, Appendices A, B, D, G, H, I, and K, and all tables and indices thereto, is hereby adopted by reference as the Palm Springs Plumbing Code of pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 11. Section 8.04.031 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.031 California Plumbing Code—Additions, Amendments and Deletions.

The California Plumbing Code adopted herein by reference is hereby adopted.

SECTION 12. Section 8.04.035 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.035 International Property Maintenance Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2021 International Property Maintenance Code, including all appendices, tables, and indices thereto, is hereby adopted by reference as the Palm Springs Property Maintenance Code pursuant to Section 50022.1 et seq. of the California Government Code.

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21 SECTION 13. Section 8-04.036 of the Palm Springs Municipal Code is hereby modified by the following additions, amendments and deletions:

8.04.036 International Property Maintenance Code—Additions, Amendments and Deletions.

The International Property Maintenance Code adopted herein by reference is hereby amended and restated to read as follows:
1) Amend the title of section 602 to read as follows:

Section 602 Heating and Air Conditioning Facilities
2) Amend section 602.1 Facilities required, to read as follows:
602.1 Facilities required. Heating and air conditioning facilities shall be provided in structures as required by this section.
3) Amend section 602.2 by adding the following sentence at the end of the section:
602.2 Residential occupancies. Dwellings shall be provided with air conditioning facilities at all times, capable of maintaining a maximum temperature of 80 degrees Fahrenheit in all habitable rooms. 4) Add subsection 602.3.1 to read as follows:
602.3.1 Air conditioning supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units shall supply air conditioning at all times, to maintain a maximum temperature of 80 degrees Fahrenheit in all habitable rooms.

SECTION 14. Section 8.04.040 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.040 California Existing Building Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, including Chapter 1, is hereby adopted by reference as the Palm Springs Existing Building Code pursuant to Section 50022.1 et seq. of the California Government Code.

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22 SECTION 15. Section 8.04.045 is hereby added to the Palm Springs municipal Code to read as follows:

8.04.045 California Historical Building Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2022 California Historical Building Code, California Code of Regulations Title 24, Part 8, and including Chapter 8-1, Appendix A, and all tables and indices thereto, is hereby adopted by reference as the Palm Springs Historic Building Code pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 16. Section 8.04.050 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

08.04.050 California Electrical Code—Adopted.

That certain document, a copy of which is on file with the office of the City Clerk, being marked and designated as the 2022 California Electrical Code, California Code of Regulations Title 24, Part 3, including Article 89, and all appendices, tables and indices thereto except as amended herein, is hereby adopted by reference as the Palm Springs Electrical Code pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 17. Section 08.04.055 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

08.04.055 California Electrical Code—Additions, Amendments and Deletions.

The California Electrical Code adopted herein by reference is hereby modified by the following additions, amendments and deletions:
1) Add new item (1) following subsection 90.8(A) to read as follows:
(1) Provisions for Future Solar PV Energy Systems. A oneinch diameter electrical conduit shall be provided for installation of future solar PV energy systems on single family dwellings. The one-inch diameter electrical conduit shall extend from the exterior wall location adjacent to the main electrical service panel and terminate into the attic space. At each location, the conduit shall terminate at a two-gang, electric junction box. Three open spaces shall be provided Item 3D - Page 28
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23 at the bottom of the buss to accommodate future solar PV systems.
2) Amend subsection 230.79(C), One-Family Dwellings, to read as follows:
230.79(C) One–Family Dwellings. For a one-family
dwelling, the service disconnecting means shall have a rating of not less than 200 amperes, 3-wire, with a minimum 225 amp bus.

Exception: Single-Family Attached single-family units. Solar ready equipped panels with a busbar of 200 amps.
3) Add new subsection 310.15(B)(2)(a), Ambient Temperature in Exposed Attic or Unconditioned Spaces, to read as follows:
310.15(B)(2)(a) Ambient Temperature in Exposed Attic or Unconditioned Spaces. Where NM, NMC, NMS and other
cables, conductors and wiring methods listed in Chapter 3 are installed in an attic that is exposed to outside temperatures, or in unconditioned spaces, the ambient temperature shall be considered to exceed 140°F.

SECTION 18. Section 8.04.065 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

08.04.065 California Energy Code—Adopted.

That certain document, a copy of which is on file with the office of the City Clerk, being marked and designated as the 2022 California Energy Code, California Code of Regulations Title 24, Part 6, including all appendices, tables and indices thereto, is hereby adopted by reference as the Palm Springs Energy Code, pursuant to Section 50022.1 et seq. of the California Government Code.

SECTION 19. Section 08.04.070 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

08.04.070 California Green Building Standards Code—Adopted.

That certain document, a copy of which is on file with the office of the City Clerk, being marked and designated as the 2022 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, including Chapter 1, and all appendices, tables and indices thereto, is hereby adopted by reference as the Palm Springs Green Building Code pursuant to Section 50022.1 Item 3D - Page 29
Ordinance No. ____

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24 et seq. of the California Government Code.

SECTION 20. Article IV of Chapter 8.04 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

08.04.300 (Reserved).

08.04.310 (Reserved).

08.04.320 (Reserved).

8.04.340 Local Appeals Board and Housing Appeals Board. (a) The City Council shall serve as the Local Appeals Board and the Housing Appeals Board, and the City Council’s authority to hear appeals shall be the same as cited in each of the uniform codes adopted under Chapter 8.04 and as referenced in Section 8.04.005 of this code, and California Health and Safety Code Sections 17920.5 and 17920.6.
(b) Any person aggrieved of any decision of the director of building and safety services, or any decision of any designee of the director, including but not limited to the issuance of a notice of violation or the initiation of any enforcement action pursuant to the provisions of the uniform codes adopted under Chapter 8.04, and as referenced Section 8.04.010 of this code, shall within ten days following the action file a written notice of appeal with the city clerk. The appeal shall set forth the appellant’s full name and mailing address, the specific action appealed from, the grounds for the appeal and the relief sought, and shall include the payment of the appeal fee as established or amended from time to time by resolution of the city council.

SECTION 20.

EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that the amendments to the Municipal Code, made pursuant to this Ordinance, are exempt from the California Environmental Quality Act (“CEQA”) because they do not constitute a project within the meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical change to the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. These amendments do not allow any new activities, but merely adopt updated language.

Item 3D - Page 30
Ordinance No. ____

Page 25 ends

25 The City Clerk shall be the custodian of record for the documentation supporting this action. Staff is hereby directed to file a Notice of Exemption within five (5) days of the adoption of this Ordinance.

SECTION 21. OPERATIVE DATE. The provisions of this Ordinance shall become operative on January 1, 2023, which is the effective date of the 2022 edition of the California Building Standards Codes, enacted by the State of California.

SECTION 22. EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

SECTION 23. SEVERABILITY. If any section, subsection, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs, hereby declares that it would have passed this ordinance and each section of subsection, sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared invalid.

PASSED, APPROVED, AND ADOPTED THIS ____ DAY OF __________, 2023.

LISA MIDDLETON, MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK
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Ordinance No. ____

Page 26 ends

26 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

BRENDA PREE, MMC

CITY CLERK

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ATTACHMENT #2
Item 3D - Page 33
1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AMENDING AND RESTATING ARTICLE VI
OF CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL

CODE, ADOPTING BY REFERENCE, TOGETHER WITH

CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS,
THE 2022 CALIFORNIA FIRE CODE, INCLUDING CERTAIN

APPENDICES, AS MANDATED BY CALIFORNIA HEALTH
AND SAFETY CODE SECTION 18938 AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM CEQA.

City Attorney’s Summary
This Ordinance adopts and amends the 2022 California Fire Code, California Code of Regulations, Title 24, Part 9, adopted by the State of California and effective on January 1, 2023, including Appendix B with amendments. In addition, this Ordinance adds Appendices P (Palm Springs Fire
Department Five Minute Response Time Map), Q (Palm
Springs Very High Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire), S (Vegetation Management in
Very High Fire Hazard Severity Zones), and T (Palm Springs Fire Department Development Requirements) to the Fire
Code.

WHEREAS, pursuant to Government Code section 50022.1 et seq., the City of Palm Springs (“City”) may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24, Part 9, of the California Code of Regulations, also known as the California Fire Code; and
WHEREAS, on January 1, 2023, the California Building Standards Commission (“Commission”) will adopt the 2022 Edition of the California Fire Code; and WHEREAS, the City Council has determined enforcement of the most current editions of the California Fire Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Palm Springs; and,
WHEREAS, the adoption of the California Fire Code in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and
WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted Item 3D - Page 34
2 pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions; and WHEREAS, the City’s unique climatic, geological and topographical conditions make it reasonably necessary for the City to enact amendments to the adoption of the 2022 California Fire Code; and
WHEREAS, the City’s Fire Chief has recommended that changes and modifications be made to the California Fire Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the City, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and
WHEREAS, the City’s Fire Chief has also recommended that changes and modifications be made to the California Fire Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City and do not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7, and/or 18941.5; and WHEREAS, the City held a public hearing on December 5, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on December 5, 2022 and January 12, 2022; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

SECTION 1. FINDINGS. The City Council of the City of Palm Springs (“City”) is informed and finds that it is reasonably necessary to amend certain portions of the 2022 California Fire Code, California Code of Regulations Title 24, Part 9, to meet the particular climatic, geological and topographical conditions existing in the City. The City Council further finds that some changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following (climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2022 California Fire Code made herein in this Ordinance:

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3 A. Climatic Conditions: Palm Springs has an arid desert climate with annual rainfall of is less than 6 inches. There are more than one hundred days a year when temperatures are 100 degrees or more. Hot, dry winds during the summer months along with seasonal Santa Ana winds are common to Palm Springs. These winds constitute a contributing factor which causes small fires originating in high density developments presently being constructed in Palm Springs, which spread quickly and create the need for an increased level of fire protection. This added protection, including, but not limited to, on-site fire protection systems, will supplement normal fire department response available in new development and provide immediate fire protection for life and safety of occupied single and multiple-occupancy buildings during fire occurrence; B. Geological and Topographical Conditions:

1. Palm Springs is located in the desert that contains mountains, brush, and covered wild lands. Elevation ranges from 479 feet in the central business district 4,000 feet in the mountains in the most Southern boundaries of the city limits. Topography extends from flat to 15% slope for habitable land. Traffic and circulation congestion in the urban areas to buildings located in the commercial areas in the most Northern and Eastern boundaries of the city limits often place fire department response time to emergencies at risk. This condition makes the need for enhanced on-site fire protection systems for property occupants necessary; and

2. The San Andreas Fault is a major earthquake fault located in close proximity to the City of Palm Springs. In addition, there are numerous minor faults located throughout Riverside County which are subject to earthquakes. In addition, Palm Springs is also subject to high wind conditions, blowing sand, flooding, landslides and wildfires. The placement of existing and new development buildings along with fire department staffing constraints have made it difficult for the fire department to locate additional fire stations. These constraints challenge current staffing to concentrate fire companies and personnel to control fires in single and multi-story retail buildings, commercial, and industrial buildings, making enhanced, built-in fire protection systems necessary.

Amendments to the 2022 Edition of the California Fire Code provisions listed below are determined to be reasonably necessary based on the climatic, geological, and/or topographical conditions presented in this Ordinance and as referenced in the following table:

Fire Code Section Findings
202 Climatic, Geological and Topographical #2
304.1.2 Climatic, Geological and Topographical #1
305.6 Climatic, Geological and Topographical #1
305.7 Climatic, Geological and Topographical #1
307.6 Climatic, Geological and Topographical #1
307.6.1 Climatic, Geological and Topographical #1
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4 307.6.2 Climatic, Geological and Topographical #1
307.6.2.1 Climatic, Geological and Topographical #1
308.1.6.3 Climatic, Geological and Topographical #1
321 Climatic, Geological and Topographical #1
322 Climatic, Geological and Topographical #1
323 Climatic, Geological and Topographical #1
324.1 – 325.3 Climatic, Geological and Topographical #1 407.5 Climatic, Geological and Topographical #2
501.1 Climatic, Geological and Topographical #2
503.1.1.1, 503.2.3, 503.2.4, 503.2.5,
503.2.9, 503.2.10, 503.2.11, 503.6
Climatic
506.3 Climatic, Geological and Topographical #2
901.6.1.1 Geological and Topographical #2
903.2, 903.2.1.1, 903.2.1.2,
903.2.1.3, 903.2.1.4, 903.2.1.5,
903.2.3, 903.2.4, 903.2.7, 903.2.9,
903.2.9.1, 903.2.10, 903.2.10.1,
903.2.21, 903.2.22, 903.3.9, 903.6.1
Climatic, Geological and Topographical #2
907.2.12, 907.2.18 Climatic, Geological and Topographical #2 914.2.1, 914.3.1 Climatic, Geological and Topographical #2 1103.11 Climatic, Geological and Topographical #1
1201.1.1 Climatic, Geological and Topographical #2
4906.3 Climatic, Geological and Topographical #1
4908 Climatic, Geological and Topographical #1
5001.5.2 Climatic, Geological and Topographical #2
5003.1.1.1 Climatic, Geological and Topographical #2
5608.2 Climatic, Geological and Topographical #2
5608.3 Climatic, Geological and Topographical #2
5614 Geological and Topographical #1
5615 Climatic
5704.2.11.1 Climatic
Appendix B101.1 Climatic, Geological and Topographical #2 Appendix P Climatic, Geological and Topographical #2
Appendix Q Climatic, Geological and Topographical #2
Appendix S Climatic, Geological and Topographical #2
Appendix T Climatic, Geological and Topographical #2

Amendments not listed in the table are administrative standards for the effective enforcement of building standards in the City. They 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.

Article VI of Chapter 8.04 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

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5 ARTICLE VI

FIRE CODE
Section:

8.04.500 California Fire Code—Adopted.

8.04.510 California Fire Code—Additions, Amendments and Deletions.

SECTION 2. Section 8.04.500 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.500 California Fire Code—Adopted.

That certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as the 2022 California Fire Code, California Code of Regulations Title 24, Part 9, including Appendices B, P, Q, S, and T except as hereinafter modified, are hereby adopted by reference as the Fire Code of the City of Palm Springs pursuant to Government Code Section 50022.1 et seq.

SECTION 3. Section 8.04.510 of the Palm Springs Municipal Code is hereby amended and restated to read as follows:

8.04.510 California Fire Code—Additions, Amendments and Deletions.

The California Fire Code adopted herein by reference is hereby modified by the following additions, amendments and deletions:
1) Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the exception of Section 109, and with the following amendments:
2) Amend Chapter 1, Division II Administration, subsection 101.1, Title, to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of Palm Springs, hereinafter referred to as “this code”.
3) Amend subsection 101.4, Severability, to read as follows:
101.4 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted, irrespective of the fact that one or more other Item 3D - Page 38
6 section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
4) Amend subsection 103.4. Liability, to read as follows:
104.7 Liability. Any liability against the Palm Springs Fire Department or any officer or employee shall be as provided for in California Government Code and case law. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1.
5) Amend subsection 110.4, Violation penalties, to read as follows:
110.4 Violation penalties. The provisions of Title 1 of the Palm Springs Municipal Code shall be applicable to and govern the enforcement of this Title. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one (1) penalty for one (1) violation shall not excuse the violation, or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. The application of the above penalty shall not be held to prevent the enforced removal or correction of prohibited conditions.
6) Add section 110.5., Infraction and misdemeanor, to read as follows:
110.5 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.
7) Amend subsection 112.4, Failure to comply, to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation of this code.
8) Chapter 2 Definitions is adopted in its entirety with the following amendments:
9) Amend Section 202, General Definitions, by adding the following definitions:

PSFD. Palm Springs Fire Department, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that bum solid fuel in accordance with California Building Code Chapter 28.
10) Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:
11) Amend subsection 304.1.2, Vegetation, to read as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth, as determined by the Fire Code Official, that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with PSFD Appendix S “Vegetation Management in Very High Fire Hazard Severity Zones.”
12) Add new subsection 305.6, Hazardous Conditions, to read as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceeds 8 MPH and relative humidity is less than 25% or a red flag condition has been declared.

2. When an official sign was caused to be posted by the Fire Code Official, or a public announcement is made.

3. No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the Fire Code Official.
13) Add new subsection 305.7, Disposal of rubbish, to read as follows:

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8 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.
14) Amend title of section 307, Open burning, recreational fires and portable outdoor fireplaces, to read as follows:

SECTION 307.1.1 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
15) Add new subsection 307.6, Outdoor fireplaces, fire pits, fire rings, or similar devices used at R occupancies, to read as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques grills and other portable devices intended solely for cooking.
16) Add new subsection 307.6.1, Gas-fueled devices, to read as follows:
307.6.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.
17) Add new subsection 307.6.2, Devices using wood or fuels other than natural gas or liquefied petroleum gas, to read as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

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9 The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305. 307. and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3' from combustible construction at R-3 occupancies.

2. Portable fireplaces and fire pits/rings equipped with a device to arrest sparks shall be located at least 15 feet from combustible structures at other R occupancies.
18) Add new subsection 307.6.2.1, Where prohibited, to read as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wildfire Risk Area (WRA), Wildland Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. 19) Delete subsection 308.1.4, Open-flame cooking devices. 20) Amend subsection 308.1.6.3, Sky lanterns, to read as follows:
308.1.6.3 Sky lanterns. A person shall not release, or cause to be released a sky lantern.
21) Delete subsection 311.5, Placards, in its entirety. 22) Delete section 318, Laundry carts, in its entirety. 23) Delete section 319, Mobile food preparation vehicles, in its entirety. 24) Add new section 321, Fuel modification requirements for new construction, to read as follows:

Section 321 Fuel modification requirements for new construction 321.1 Fuel modification requirements for new construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be Item 3D - Page 42
10 approved and in accordance with the requirements of PSFD Appendix S “Vegetation Management in Very High Fire Hazard Severity Zones.” 25) Add new section 322, Clearance of brush or vegetation growth from roadways, to read as follows:

Section 322 Clearance of brush or vegetation growth from roadways 322.1 Clearance of brush or vegetation growth from roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flowline or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. 26) Add new section 323, Unusual circumstances, to read as follows:

Section 323 Unusual circumstances
323.1 Unusual circumstances. The Fire Code Official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county approved list of wildlife, plants. Rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.
27) Add new section 324, Use of equipment, to read as follows:

Section 324 Use of equipment
324.1 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

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11 Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition. 28) Add new subsection 324.2, Use of equipment and devices generating heat, sparks or open flames, to read as follows:
324.2 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest or brush covered land, or non-irrigated grass covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the Fire Code Official prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the Fire Code Official, or when such fires present a hazard as determined by the Fire Code Official.

4. Keep a cell phone nearby and call 911 immediate in case of fire. 29) Add new subsection 324.3, Spark arresters, to read as follows:
324.3 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
30) Add new section 325, Parade floats, to read as follows:

Section 325 Parade floats
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12 325.1 Decorative materials. Decorative materials on parade floats shall be noncombustible or flame retardant. 325.1.1 Combustible Clearance. A 12” minimum clearance of decorative materials shall be maintained around vehicle and/or generator exhaust pipe(s).
325.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2A 10B:C rated portable fire extinguisher readily accessible to the operator.
325.3 Portable Generators. Portable generators shall be secured from tipping and subject to approval by the Fire Code Official.
31) Chapter 4: Emergency Planning and Preparedness. Adopt only the sections, subsections, and amendment listed below:
32) Adopt only the following sections and subsections in Chapter 4, Emergency planning and preparedness:
401-401.9
402
403.2
403.5-403.5.4
403.10.2.1.1
403.13.3
407
33) Amend subsection 407.5, Hazardous materials inventory statement, to read as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the Fire Code Official, each application for a permit shall include a Hazardous Materials Inventory Statement, PSFD’s Chemical Classification Packet in accordance with Section 5001.5.2.
34) Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
35) Amend subsection 501.1, Scope, to read as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the Fire Code Official, with PSFD Appendix S “Vegetation Management in Very High Fire Hazard Severity Zones.” Item 3D - Page 45
13 36) Add new subsection 503.1.1.1, Gates, to read as follows:
503.1.1. Gates. When fences are installed that cause the distance from an approved fire department access road to exceed the maximum distance allowed in Section 503 herein, a gate shall be provided in the fence to maintain the required fire department access. The gate shall be a minimum four (4) feet in width. 37) Amend subsection 503.2.3, Surface, to read as follows:

503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. Gross Vehicle Weight) and shall be surfaced so as to provide all-weather driving capabilities.

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14 38) Amend subsection 503.2.4, Turning radius, to read as follows:
503.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the Fire Code Official. Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.
39) Amend subsection 503.2.5, Dead ends, to read as follows:
503.5 Dead ends. Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 43 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 8-3-16.
40) Add new subsection 503.2.9, Aerial fire access roads, to read as follows:
503.2.9 Aerial fire access roads. Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 41) Add new subsection 503.2.10, Width, to read as follows:
503.2.10 Width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height.
42) Add new subsection 503.2.11, Proximity to building, to read as follows:
503.2.11 Proximity to building. At least one of the required access routes for buildings or facility exceeding 30 feet in height above the lowest level of fire department vehicle access shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building.
43) Amend subsection 503.6, Security gates, to read as follows:
503.6 Security gates. Secured automated vehicle gates new and existing shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key electric switch when required by the Fire Code Official.

Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the Fire Code Official.

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15 Gate arms securing parking lots and parking structures shall be equipped with a fire department approved dual-keyed Knox key electric switch. When activated, the arm or arms shall open to allow fire and law enforcement access.

Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position.

In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates.

If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location.

A final field inspection by the Fire Code Official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position. 44) Add new subsection 506.3, Height, to read as follows:
506.3 Height. The nominal height of Knox lock box installations shall be 5 feet above grade.
45) Adopt Chapter 6 Building Services and Systems, Chapter 7 Fire and Smoke Protection Features and Chapter 8 Interior Finish, Decorative Materials and Furnishings in their entirety without amendments.
46) Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
47) Add new subsection 901.6.1.1, Approval required, to read as follows:
901.6.1.1 Approval required. Prior to the removal of any fire protection system, approval shall be obtained from the Fire Code Official. 48) Amend subsection 903.2, Where required, to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in locations described in Sections 903.2.1 through 903.2.21 as amended by this code. For purposes of this code, subsections regarding building size and fire resistive construction shall not be considered for purposes of reducing the gross fire area of that building.

Item 3D - Page 48
16 Exceptions: (1) Group U Occupancies of non-combustible construction; and (2) Group S-2 carports – 100% open on all sides of non-combustible construction.

An approved automatic fire sprinkler system shall be installed in any building, regardless of gross fire area, which is built beyond a five-minute fire department emergency response time as defined in Section 202.

Exceptions: (1) Group U Occupancies of non-combustible construction; and (2) Group S-2 carports – 100% open on all sides of non-combustible construction.

An approved automatic fire sprinkler system shall be installed in every Group A Occupancy per 903.2.1 including those that result from a change of use in an existing building or portion thereof.

Exception: Group A-2 occupancies.
49) Delete subsection 903.2.1.1 Group A-1.
50) Amend subsection 903.2.1.2, Group A-2, to read as follows:
903.2.1.2, Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exist:

2. The fire area exceeds 5,000 square feet.

3. The fire area has an occupant load of 100 or more.

4. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by fire walls of less than four-hour resistance rating without openings.
51) Delete subsection 903.2.1.3 Group A-3
52) Delete subsection 903.2.1.4 Group A-4
53) Delete subsection 903.2.1.5 Group A-5
Item 3D - Page 49
17 54) Amend item 1 of subsection 903.2.3, Group E, to read as follows:

1. Throughout all Group E fire areas greater than 3,000 square feet in area. 55) Amend the exception to item 2 of subsection 903.2.3 Group E, to read as follows:

Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level and the fire area does not exceed 3,000 square feet.
56) Amend items 1 and 3 of subsection 903.2.4, Group F-1, to read as follows:

1. Where a Group F-1 fire area exceeds 3,000 square feet.

3. Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.
57) Amend items 1, 3, 4 and 5 of subsection 903.2.7, Group M, to read as follows:

1. Where a Group M fire area exceeds 3,000 square feet.

3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.

4. A Group M occupancy used for the display and sale of upholstered furniture and mattresses exceeds 3,000 square feet.

5. The structure exceeds 3,000 square feet, contains more than one fire area containing a group M occupancy and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating. 58) Amend items 1, 3 and 4 of subsection 903.2.9, Group S-1, to read as follows:

1. A Group S-1 fire area exceeds 3,000 square feet.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.

4. A Group S-1 fire area used for the storage of commercial trucks or buses where the fire area exceeds 3,000 square feet.

Item 3D - Page 50
18 59) Amend items 1, 2 and 4 of subsection 903.2.9.1, Repair garages, to read as follows:

1. Buildings two or more stories in height, including basements, with a fire area containing a repair garage exceeding 3,000 square feet.

2. One-story buildings with a fire area containing a repair garage exceeding 3,000 square feet.

4. A Group S-1 fire area used for the repair of commercial trucks or buses where the fire area exceeds 3,000 square feet.
60) Amend subsection 903.2.10, Group S-2 enclosed parking garages, to read as follows:
903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy, as classified in accordance with section 406.6 of the California Building Code, where one of the following conditions exists:

1. A Group S-2 fire area exceeds 3,000 square feet; or
Exception: Group S-2 carports – 100% open on all sides of noncombustible construction.

2. Where the enclosed parking garage is located beneath other groups. 61) Amend subsection 903.2.10.1, Commercial parking garages, to read as follows:
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the fire area of the enclosed parking garage exceeds 3,000 square feet. 62) Add new subsection 903.2.21, Group B, to read as follows. 903.2.21 Group B. An automatic sprinkler system shall be provided throughout all new buildings containing a Group B occupancy that exceeds 3,000 square feet. 63) Add new subsection 903.2.22, Group F-2, to read as follows:
903.2.22 Group F-2. An automatic sprinkler system shall be provided throughout all new buildings containing a Group F-2 occupancy that exceeds 3,000 square feet.

Item 3D - Page 51
19 64) Amend subsection 903.3.9, Floor control valves, to read as follows:
903.3.9 Floor control valves. Approved supervised indicating control valves, check valves, water flow detection assemblies and main drains shall be provided at the point of connection to the riser on each floor in buildings three or more stories in height unless otherwise approved by the Fire Code Official. Valve locations will be determined and approved by the Fire Code Official.
65) Add new subsection 903.6.1, Increased square footage, to read as follows:
903.6.1 Increased square footage. Any existing building or structure undergoing construction or alteration which adds square footage exceeding the total floor area as prescribed in Section 903.2, shall require an approved automatic fire sprinkler system.

Exceptions: (1) One and two-family dwellings and manufactured homes; and (2) additions to occupancies equating to fifty (50) percent or less of total floor area. Fire sprinkler requirements for these occupancies shall be determined based on California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings.
66) Amend subsection 907.2.12, High-rise buildings, to read as follows:
907.2.12 High-rise buildings. High-rise buildings and buildings having occupied floors located more than 60 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection system in accordance with 907.2.12.1 and emergency voice/alarm communication systems in accordance with Section 907.5.2.2.
67) Amend subsection 907.2.18, Deep Underground buildings, to read as follows:
907.2.18 Deep underground buildings. All underground buildings shall be equipped throughout with a manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with section 907.5.2.2. 68) Delete “Exception” to subsection 914.2.1, Automatic sprinkler system. 69) Delete “Exception” to subsection 914.3.1 Automatic sprinkler system. 70) Adopt Chapter 10 Means of Egress in its entirety without amendments. 71) Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections listed below and with the following amendments:
72) Adopt only those sections and subsections as listed below and with the following amendments in Chapter 11, Construction requirements for existing buildings:

Item 3D - Page 52
20 1103.7
1103.7.3
1103.7.3.1
1103.7.8 - 1103.7.8.2
1103.7.9- 1103.7.9.10
1103.8 - 1103.8.5.3
1103.9.1
1107
1113
1114
1115
1116
73) Add new subsection 1103.11, Increased hazard class in change of use, to read as follows:
1103.11 Increased Hazard Class in Change of Use. An approved fire alarm system shall be installed in existing, non-sprinklered buildings when a change of use occurs resulting in a higher hazard classification. 74) Chapter 12 Energy Systems is adopted in its entirety with the following amendment added:
75) Add new subsection 1201.1.1, Other systems, to read as follows:
1201.1.1 Other Systems. Where required by the Fire Code Official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter.

Exception: When approved by the Fire Code Official, charging stations for electric vehicles located in open parking garages of Type I or II construction. 76) Adopt Chapter 20 Aviation Facilities, Chapter 21 Dry Cleaning, Chapter 22 Combustible Dust-Producing Operations, Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages, Chapter 24 Flammable Finishes, Chapter 25 Fruit and Crop Ripening, Chapter 26 Fumigation and Insecticidal Fogging, Chapter 27 Semiconductor Fabrication Facilities, Chapter 29 Manufacture of Organic Coatings, Chapter 30 Industrial Ovens, Chapter 31 Temporary Special Event Structures and Other Membrane Structures, Chapter 32 HighPiled Combustible Storage, Chapter 33 Fire Safety During Construction and Demolition, Chapter 34 Tire Rebuilding and Tire Storage, Chapter 35 Welding and Other Hot Work, Chapter 36 Marinas, Chapter 37 Combustible Fibers, Chapter 39 Processing and Extraction Facilities, and Chapter 48 Item 3D - Page 53
21 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations in their entirety without amendments.
77) Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendment listed below:
78) Amend subsection 2801.2, Permit, to read as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.
79) Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:
80) Amend subsection 4906.3, Requirements, to read as follows:
4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure 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, Section 1299 (see guidance for implementation "General Guideline to Create Defensible Space”).

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

5. PSFD’s Appendix S (Vegetation Management in Very High Fire Hazard Severity Zones).
81) Add new section 4908, Fuel Modification Requirements for New Construction to read as follows:

SECTION 4908 FUEL MODIFICATION REQUIREMENTS FOR NEW

CONSTRUCTION
4908.1 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the Fire Code Official prior to or concurrently with the approval of any tentative map.

Item 3D - Page 54
22 2. Final fuel modification plans shall be submitted to and approved by the Fire Code Official prior to the issuance of a grading permit.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of PSFD Appendix S “Vegetation Management in Very High Fire Hazard Severity Zones.”

1.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the Fire Code Official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.
82) Chapter 50 Hazardous Materials - General Provisions is adopted in its entirety with the following amendments:
83) Amend subsection 5001.5.2, Hazardous materials inventory statement (HMIS), to read as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the Fire Code Official, an application for a permit shall include Palm Springs Fire Department’s Chemical Classification Packet which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The HMIS Chemical Classification Packet shall include the following information:

1. Product Name.

2. Component.

3. Chemical Abstract Service (CAS) number.

4. Location where stored or used.

5. Container size.

6. Hazard classification.

7. Amount in storage.

8. Amount in use-closed systems.

9. Amount in use-open systems.
84) Add subsection 5003.1.1.1.1, Extremely hazardous substances, to read as follows:
5003.1.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

Item 3D - Page 55
23 85) Adopt Chapter 51 Aerosols, Chapter 53 Compressed Gases, Chapter 54 Corrosive Materials, and Chapter 55 Cryogenic Fluids in their entirety without amendments.
86) Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:
87) Add subsection 5608.2, Firing, to read as follows:
5608.2 Firing. All fireworks displays, regardless of mortar, device, or shell size, shall be electrically fired.
88) Add subsection 5608.3, Application for permit, to read as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to PSFD.
89) Add new section 5614, “Safe and Sane” and Dangerous Fireworks, to read as follows:

SECTION 5614 “SAFE AND SANE” AND DANGEROUS FIREWORKS
5614.1 Prohibition. The manufacture, sale, possession, storage, handling or use of “safe and sane” fireworks as currently defined in the California Health and Safety Code section 12529 or “dangerous fireworks” as currently defined in the California Health and Safety Code section 12505 or thereafter amended by state statute is prohibited in the City of Palm Springs. The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued by the Palm Springs Fire Department.
5614.2 Seizure of fireworks. Any authorized City of Palm Springs Fire Code Official, peace officer or other city official authorized to enforce the Palm Springs Municipal Code may seize, take, remove, or cause to be removed at the expense of the owner all prohibited fireworks and explosives. This will include all persons, firms or corporations, who manufacture, sell, possess, store, handle or use any prohibited fireworks or explosives as currently described in the California Fire Code sections 5601 and 5608.

Item 3D - Page 56
24 90) Add new section 5615, Explosives, to read as follows:

SECTION 5615 EXPLOSIVES
5615.1 Prohibition. The manufacture, sale, possession, storage, handling or use of non-permitted “explosives” as currently defined in Title 19 of the California Code of Regulations, Section 1550 or thereafter amended by state law is prohibited in the City of Palm Springs.
91) Chapter 57 Flammable and Combustible Liquids is adopted in its entirety with the following amendments:
92) Add item 4 to subsection 5704.2.11.1, Location, to read as follows:

4. The installation of underground combustible/flammable liquid tanks is hereby prohibited in all residential districts. The Fire Code Official may authorize installation of underground combustible/flammable liquid tanks in agricultural, commercial and manufacturing districts. 93) Adopt Chapter 58 Flammable Gases and Flammable Cryogenic Fluids, Chapter 59 Flammable Solids, Chapter 60 Highly Toxic and Toxic Materials, Chapter 61 Liquefied Petroleum Gases, Chapter 62 Organic Peroxides, Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids, Chapter 64 Pyrophoric Materials, Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics, Chapter 66 Unstable (Reactive) Materials, Chapter 67 WaterReactive Solids and Liquids, and Chapter 80 Referenced Standards in their entirety without amendments.
94) Appendix B is adopted in its entirety with the following amendments:
95) Amend subsection B101.1, Scope, of Appendix B, to read as follows:

B101.1 Scope. The procedures for determining fire-flow requirements for buildings or portions or buildings hereafter constructed shall be in accordance with this appendix. This appendix does not apply to structures other than buildings.

Additions to buildings equating to 50% or less increase in square footage will not require fire flow analysis.
96) Add Appendix “P”, Palm Springs Fire Department Five Minute Response Time Map.
97) Add Appendix “Q”, City of Palm Springs Very High Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire.
98) Add Appendix “S”, Vegetation Management in Very High Fire Hazard Severity Zones
Item 3D - Page 57
25 99) Add Appendix “T”, Palm Springs Fire Department Development Requirements SECTION 4. Section 8.04.520 International Fire Code—Adopted is hereby deleted in its entirety.

SECTION 5. EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that the amendments to the Municipal Code, made pursuant to this Ordinance, are exempt from the California Environmental Quality Act (“CEQA”) because they do not constitute a project within the meaning of CEQA Section 15378. The amendments herein have no potential for resulting in physical change to the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. These amendments do not allow any new activities, but merely adopt updated language. The City Clerk shall be the custodian of record for the documentation supporting this action. Staff is hereby directed to file a Notice of Exemption with within five (5) days of the adoption of this Ordinance.

SECTION 6. OPERATIVE DATE. The provisions of this Ordinance shall become operative on January 1, 2023, which is the effective date of the 2022 edition of the California Fire Code, enacted by the State of California.

SECTION 7. EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

SECTION 8. SEVERABILITY. If any section, subsection, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Palm Springs, hereby declares that it would have passed this ordinance and each section of subsection, sentence, clause and phrase thereof, irrespective of the clauses or phrases being declared invalid.

Item 3D - Page 58
26 PASSED, APPROVED, AND ADOPTED THIS, __ DAY OF __________, 2023.

LISA MIDDLETON, MAYOR
ATTEST:

BRENDA PREE, CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California
Item 3D - Page 59
ATTACHMENT #3
Item 3D - Page 60
k k
k
k
k
PSDF 445
PSDF 444
PSDF 443
PSDF 441 PSDF 442
Palm Springs Fire Code Appendix P:

Palm Springs Fire Department Five Minute Response
1 Minute Firefighter Turnout
4 Minute Travel
0 2,500 5,000 10,000 15,000 20,000
Feet ±
k Fire Stations
4 Minute Travel Network
4 Minute Travel Area
Palm Springs
Palm Springs
Travel areas mapped using Palm Springs Streets dataset
ArcGIS Network Analyst 10.4.1
August 2016
M. J. Price,
Entrada/San Juan, Inc.

Item 3D - Page 61
......
-
··-·· ......
··-··
7 Palm Springs
The State of California and the Department of Forestry and Fire Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps.

Obtain FRAP maps, data, metadata and publications on the Internet at http://frap.cdf.ca.gov For more information, contact CAL FIRE-FRAP, PO Box 944246, Sacramento, CA 94244-2460, (916) 327-3939.

Arnold Schwarzenegger, Governor,
State of California
Mike Chrisman, Secretary for Natural Resources,
The Natural Resources Agency
Del Walters, Director,
Department of Forestry and Fire Protection
Government Code 51175-89 directs the California Department of Forestry and Fire Protection (CAL FIRE) to identify areas of very high fire hazard severity zones within Local Responsibility Areas (LRA). Mapping of the areas, referred to as Very High Fire Hazard Severity Zones (VHFHSZ), is based on data and models of, potential fuels over a 30-50 year time horizon and their associated expected fire behavior, and expected burn probabilities to quantify the likelihood and nature of vegetation fire exposure (including firebrands) to buildings. Details on the project and specific modeling methodology can be found at http://frap.cdf.ca.gov/projects/hazard/methods.htm. Local Responsibility Area VHFHSZ maps were initially developed in the mid-1990s and are now being updated based on improved science, mapping techniques, and data.

In late 2005 to be effective in 2008, the California Building Commission adopted California Building Code Chapter 7A requiring new buildings in VH FHSZs to use ignition resistant construction methods and materials. These new codes include provisions to improve the ignition resistance of buildings, especially from firebrands. The updated very high fire hazard severity zones will be used by building officials for new building permits in LRA. The updated zones will also be used to identify property whose owners must comply with natural hazards disclosure requirements at time of property sale and 100 foot defensible space clearance. It is likely that the fire hazard severity zones will be used for updates to the safety element of general plans.

This specific map is based on a geographic information system dataset that depicts final CAL FIRE recommendations for Very High FHSZs within the local jurisdiction. The process of finalizing these boundaries involved an extensive local review process, the details of which are available at http://frap.cdf.ca.gov/projects/hazard/btnet/ (click on "Continue as guest without logging in"). Local government has 120 days to designate, by ordinance, very high fire hazard severity zones within its jurisdiction after receiving the recommendation. Local government can add additional VHFHSZs.

There is no requirement for local government to report their final action to CAL FIRE when the recommended zones are adopted. Consequently, users are directed to the appropriate local entity (county, city, fire department, or Fire Protection District) to determine the status of the local fire hazard severity zone ordinance.

Very High Fire Hazard Severity Zones in LRA As Recommended by CAL FIRE Projection Albers, NAD 1983
Scale 1: 60,000
at 36" x 36"
December 21, 2009
0 ©
2 Miles
0 3
Kilometers
This map was developed using data products such as parcel and city boundaries provided by local government agencies. In certain cases, this includes copyrighted geographic information.

The maps are for display purposes only - questions and requests related to parcel or city boundary data should be directed to the appropriate local government entity.

DATA SOURCES
CAL FIRE Fire Hazard Severity Zones (FHSZL06_3)
MAP ID: FHSZL_c33_PalmSprings
Fire Hazard Severity Zones
County Boundary
Parcels
City Boundary
Local Responsibility Area State or Federal Responsibility Areas VHFHSZ
Non-VHFHSZ
VHFHSZ
Non-VHFHSZ
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PALM SPRINGS FIRE DEPARTMENT
Appendix “S”

VEGETATION MANAGEMENT IN VERY HIGH FIRE

HAZARD SEVERITY ZONES

PALM SPRINGS FIRE DEPARTMENT
300 NORTH EL CIELO ROAD
PALM SPRINGS, CA 92262
COMMUNITY RISK REDUCTION CONTACT INFORMATION:

OFFICE: 760.323.8181
EMAIL: [email protected]
Item 3D - Page 63

Page 2 of 5 ends

TABLE OF CONTENTS

1.1 INTRODUCTION...................................................................................................... 3

1.2 PURPOSE................................................................................................................ 3

1.3 PENALTY ................................................................................................................ 3

1.4 CLEARANCE REQUIREMENTS/FUEL MODIFICATION.................................... 3-5 Item 3D - Page 64

Page 3 of 5 ends

1.1 INTRODUCTION
Vegetation management has proven to be a major factor in reducing the chances of buildings igniting from wildfires and from wildland areas being ignited from burning buildings. When combined with special building construction features, the chances of ignition are further reduced.

Fire and Building Department agencies adopt local and state codes that require vegetation management and special construction features. The Vegetation Management Guideline increase requirements for brush clearance and fire safety in the Very High Fire Hazard Severity Zones (VHFHSZ).

1.2 PURPOSE
This guideline establishes appropriate safety measures necessary to mitigate the occurrence of fires.

1.3 PENALTY
A first violation of this section shall be an infraction punishable by a fine not to exceed $250. A second and all subsequent violations of this appendix shall be subject to prosecution as an infraction or prosecution as a misdemeanor punishable by a fine not to exceed $1,000, by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. In addition, to the aforementioned penalties, any violator convicted under this appendix, which resulted in a fire, may be liable for any civil cost recovery associated with the fire, as permitted by law.

1.4 CLEARANCE REQUIREMENTS
Owners of property located in the Very High Fire Hazard Severity Zone (VHFHSZ) shall maintain their property in accordance with the 2022 California Fire Code and Palm Springs Fire Department Vegetation Management Guideline. Year-round compliance shall be maintained as described below on all native brush, weeds, grass, trees, and hazardous vegetation within 200 feet of any structure/buildings, whether those structures are on the owner’s property or adjoining properties, and within 10 feet of any combustible fence or roadway/driveway used for vehicular travel.

1. Areas within 200 feet of structures and/or 10 feet of roadside surfaces or combustible fence: Grass shall be cut to three inches in height. Native brush shall be reduced in quantity to three inches in height. This does not apply to individual native shrubs spaced a minimum of 18 feet apart, provided such shrubs are trimmed up from the ground to 1/3 of their height with all dead material being removed (see diagram below).

2. For trees taller than 18 feet, trim lower branches so no foliage is within six feet of the ground, and remove all dead material. For trees and shrubs less than 18 feet, Item 3D - Page 65

Page 4 of 5 ends

remove lower branches to 1/3 of their height, and remove all dead material (see diagram below).

3. Trees shall be trimmed up so the foliage is no closer than 10 feet from the outlet of a chimney (see diagram below).

4. All roof surfaces shall be maintained free of substantial accumulation of leaves, needles, twigs and any other combustible matter. Maintain five feet of vertical clearance between roof surfaces and portions of overhanging trees (see diagram below).

5. All cut vegetation and debris shall be removed in a legal manner. Cut vegetation may be machine processed (i.e., chipped) and spread back onto the property at a depth not to exceed three inches within 30 feet of structures and six inches beyond 30 feet of structures. In addition, spread material shall not be placed within 10 feet of any usable roadside.

6. Use of metal cutting blades for grass or brush clearance shall be limited to those which are non-ferrous/non-sparking.

7. Brush clearance cannot be done on red flag days, when fire weather conditions are at their peak.

8. Individuals engaged in brush clearance operations shall not engage in any other activities during their actual clearance of grass or brush.

9. An approved 2-A two (2) gallon water fire extinguisher, or a pressurized garden hose with attached nozzle shall be within 10 feet of any grass or brush clearance operation, to quickly extinguish a small fire before it burns out of control.

10. Where a gasoline container is present at the site of the grass or brush clearance operation, a minimum 4A 60BC dry chemical fire extinguisher shall be within 10 feet of the brush clearance operation.

11. A cell phone capable of dialing 9-1-1 shall be charged and readily accessible to the grass or brush clearance operation.

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The above general requirements also apply to landscape vegetation.

VEGETATION MANAGEMENT IS A YEAR-ROUND

RESPONSIBILITY
Clear Early, Clear Often.

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PALM SPRINGS FIRE DEPARTMENT
Appendix “T”

PALM SPRINGS FIRE DEPARTMENT

DEVELOPMENT REQUIREMENTS

PALM SPRINGS FIRE DEPARTMENT
300 NORTH EL CIELO ROAD
PALM SPRINGS, CA 92262
Community Risk Reduction Division
OFFICE: 760.323.8181
EMAIL: [email protected]
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TABLE OF CONTENTS
SCOPE ............................................................................................................................. 3

1.0 WATER AGENCY / DISTRICT REQUIREMENTS.................................................. 3

2.0 PLANS AND PERMITS ........................................................................................... 4

3.0 PRIVATE FIRE SERVICE MAINS........................................................................... 5

4.0 FIRE SPRINKLER SYSTEMS - NFPA 13 ............................................................... 8

5.0 FIRE SPRINKLER SYSTEMS - NFPA 13R .......................................................... 12

6.0 FIRE SPRINKLER SYSTEMS - NFPA 13D ......................................................... 14

7.0 INSPECTIONS AND TESTS ................................................................................ 16

8.0 EMERGENCY ACCESS AND GATES................................................................. 19

9.0 FIRE APPARATUS ACCESS ROADS................................................................. 20

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SCOPE
These requirements have been developed to assist development applicants, architects and contractors in determining the minimum requirements for fire protection systems, emergency access/gates, fire apparatus access roads and solar photovoltaic systems. It will provide the minimum design, installation, testing, and inspection procedures in the City of Palm Springs based on the following:
• Palm Springs Municipal Code, Chapter 8.04 of Title 8
• California Fire Code 2022 Edition – CCR Title 24, Part 9, adopted as hereinafter modified including Appendix B, P, Q, and S
• California Code of Regulations (CCR) – Title 19
• California Building Code 2022 Edition – CCR Title 24, Part 2 • California Residential Code 2022 Edition – CCR Title 24, Part 2.5 • National Fire Protection Association (NFPA) Standards – As adopted by the Office of State Fire Marshal
The authority having jurisdiction in determining compliance with the above codes and standards shall be the Palm Springs Fire Department.

WATER AGENCY / DISTRICT CONTACTS SERVICING PALM SPRINGS

1.0 WATER AGENCY / DISTRICT REQUIREMENTS

1.1 Contractors or developers will contact the Water Agency / District and request the following information to facilitate designing private fire service mains and fire sprinkler systems:
• Water service size, material type and schedule.
• Length of service, fittings and valves installed.
• Water meter manufacturer, model and size (if fire service is metered). • Backflow manufacturer, model, size and arrangement.

Service Area Service Area
Palm Springs South of Interstate 10 Palm Springs North of Interstate 10 Desert Water Agency Mission Springs Water District
1200 S. Gene Autry Trail 66575 2nd Street
Palm Springs, CA 92264 Desert Hot Springs, CA 92240
(760) 323-4971
www.dwa.org
(760) 329-6448
www.mswd.org
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1.2 The Water Agency / District will provide flow information for water mains or fire hydrants:
• Static pressures.
• Dynamic/residual pressures.
• Gallons per minute.
• Water main size and configuration.
• Fire Hydrant Identification Numbers used in testing and street address or location description. Indicate Fire Hydrant Identification Number where pressure readings were taken.
• Fire hydrant flow-test data is good for a period of one (1) year.

2.0 PLANS AND PERMITS

2.1 When there are significant changes in occupancy, water supply, storage heights, type and quantity of storage, storage configurations, tenant improvements or any other changes which may affect the fire sprinkler system design, the owner, tenant or contractor shall submit plans and secure permits.

2.2 Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Underground Fire System Mains shall be a separate plan submittal and permit. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one (1) set.

2.3 Plans shall be submitted to:

City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA. 92262
Counter Hours: Monday through Thursday – 8:00 AM to 6:00 PM A deposit for plan check and inspection fees is required at the time of plan submittal.

The final fees are based on the fee schedule adopted by resolution of the Palm Springs City Council.

2.4 Provide three (3) complete sets of listings and manufacturer’s technical data sheets for all system components with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.

2.5 Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and support data (calculations and manufacturer's technical data sheets), including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.

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“As Built Drawings and Calculations” will be accepted when there are minor deviations from approved drawings and calculations. Significant changes will require a resubmittal of plans.

The Fire Prevention Bureau will make the final determination of fire flow requirements, number of fire hydrants and hydrant spacing.

3.0 PRIVATE FIRE SERVICE MAINS

3.1 NFPA 24 shall establish the minimum requirements for the installation of private fire service mains and their appurtenances supplying automatic sprinkler systems, open sprinkler systems, water spray fixed systems, foam systems, private hydrants, monitor nozzles or standpipe systems with reference to water supplies, private hydrants and hose cabinets.

3.2 Private fire service mains shall be not less than eight (8) inches in diameter when serving private fire hydrants and fire sprinkler systems.

3.3 Piping with a minimum rating of class 200 installed to NFPA 24 standards is required for all private fire service mains.

3.4 All thrust blocks on private fire service mains, private fire hydrant lines and fire sprinkler laterals shall be calculated as required by NFPA 24 or use Water Agency / District drawings. Calculations shall be submitted and the resulting dimensions of thrust blocks shall be shown on the plans. Restrained Joint Systems are allowed in lieu of thrust blocks. Minimum design working pressure shall be 200 psi. Special design considerations may be required on lines with high static pressures or lines in which fire pumps are installed.

3.5 Private fire service mains, when supplying three (3) or more fire hydrants, shall be designed with a looped water supply.

3.6 In order to isolate the fire sprinkler underground lateral from any private fire hydrant system, a non-indicating listed underground gate valve with an approved roadway box shall be required.

3.7 On site fire hydrants and fire department connections, located less than three (3) feet behind the face of a curb or when no curb is provided, shall be protected by guard posts set in concrete to the following specifications:
• Constructed of steel not less than four (4) inches in diameter and concrete filled.
• Spaced not more than four (4) feet between posts on center. • Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter.
• Set with the top of the posts not less than three (3) feet above ground.

Located not less than three (3) feet from the fire hydrants, post indicator valves and fire department connections.
• All guard posts shall be painted yellow (Rust-Oleum Safety Yellow #2149 or equivalent).

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3.8 The installing contractor shall provide a signed and completed "Contractors Material and Test Certificate for Underground Piping" form as required by NFPA 24 (2022 edition).

Double Check Detector Assemblies (Private)

3.9 All Double Check Detector Assemblies (DCDA) shall be UL listed / FM approved for fire protection service in compliance with NFPA 24.

3.10 All DCDA shall be installed with two (2) tamper switches and electrically monitored at a UL listed central station service, when there are:
• Twenty or more fire sprinkler heads.
• Fire sprinkler supervision and alarm, fire alarm or security systems are installed.

3.11 All DCDA shall be provided with a chain and frangible security lock. A key shall be kept in the spare sprinkler head box and Knox box.

3.12 Reduced pressure zone assemblies or reduced pressure detector assemblies shall not be installed in private fire service mains and fire sprinkler systems.

Fire Department Connections (FDC)

3.13 FDC shall be installed at apparatus access roads in locations approved by the Fire Prevention Bureau. Check with the Fire Prevention Bureau prior to plan submittal.

The FDC shall extend between thirty (30) inches and thirty-six (36) inches above finished grade.

3.14 FDC shall be visible (facing the apparatus access road), accessible and installed in approved locations downstream of all DCDA. FDC shall be located within thirty (30) feet of a public fire hydrant. Exceptions may be made by the fire code official.

3.15 FDC shall be equipped with Knox locking protective plugs. Contact the Fire Prevention Bureau at (760) 323-8186 for a Knox Authorization Order Form.

3.16 The curb adjacent to the FDC shall be painted red for a total of fifteen (15) feet (7 1/2 feet on each side of the FDC).

3.17 When the total sprinkler system demand, including hose allowance, is less than 1,000 GPM, the FDC riser shall be four (4) inches in nominal diameter and shall have a standard 2-way threaded 2 1/2 inch connection.

3.18 When the total sprinkler system demand, including hose allowance, is 1,000 GPM to 1,199 GPM, the FDC riser shall be six (6) inches in nominal diameter and shall have a standard 3-way threaded 2 1/2 inch connection.

3.19 When the total sprinkler system demand, including hose allowance, is greater than 1,200 GPM, the FDC riser shall be six (6) inches in nominal diameter and shall have a standard 4-way threaded 2 1/2 inch connection.

3.20 In a building complex where two (2) or more buildings are served, the identification of which building is served by separate FDC; the Fire Prevention Bureau will require signs of substantial construction to be posted at each FDC identifying the respective buildings served. The minimum letter size shall be one (1) inch on a contrasting background.

3.21 FDC shall be painted red (Rust-Oleum Safety Red # 2163 or equivalent).

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3.22 FDC piping shall be ductile iron from the private fire service main to the FDC check valve. The pipe from the FDC check valve to the FDC shall be galvanized steel pipe. NFPA 13R FDC piping shall be copper from the private fire service main.

Fire Hydrants (Private)

3.23 Commercial fire hydrants with three (3) outlets (one-4 inch and two-2 1/2 inch) are required when fire flow demand is 1,500 GPM or greater. Residential fire hydrants with two (2) outlets (one-4 inch and one-2 1/2 inch) are required when the fire flow demand is less than 1500 GPM. Existing residential fire hydrants that are located within 250 feet of a residential property line do not need to be upgraded to commercial fire hydrants if the hydrant can provide the required fire flow.

3.24 Private hydrants shall be oriented with the four (4) inch discharge facing the street or fire apparatus access road.

3.25 The curb adjacent to the fire hydrant shall be painted red for a total of fifteen (15) feet (7 1/2 feet on each side of the hydrant).

3.26 Private fire hydrants shall be painted red (Rust-Oleum Safety Red #2163 or equivalent).

3.27 Blue reflective markers shall be installed to identify location of fire hydrants. These markers shall be visible from both directions of vehicle travel.

3.28 Hydraulic calculations shall be provided for all private fire hydrant systems.

Calculations shall be calculated back to the point of the flow test. The fire hydrant system shall meet the fire flow requirements as required by the California Fire Code (2022 Edition).

3.29 When the private fire service main serves both fire sprinkler system(s) and private fire hydrant(s), the hydraulic calculation shall include the fire hydrant flow rate with associated private fire hydrant(s) and fire sprinkler flow rate for a minimum design of 20 psi residual pressure for the fire hydrant(s).

Water Plans and Water Main Installation (Private)

3.30 Provide the following notes on private fire service water main plans:

FIRE DEPARTMENT NOTES:

1. The installation of the private fire service mains shall comply with:
• NFPA 24
• California Building Code (2022 Edition)
• California Fire Code (2022 Edition)
• Palm Springs Fire Department Development Requirements, Appendix “T”

2. No combustibles shall be delivered to building job site prior to the water mains and fire hydrants being operational.

3. The following inspections are required:
• Thrust block pre-pour, trench, and backfill inspection. • Underground hydrostatic test - 200 psi for 2-hours.

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• Underground flush.
• Underground final. A completed and signed "Contractors Material and Test Certificate for Underground Piping" form as required per NFPA 24 (2022 Edition).

TO SCHEDULE INSPECTIONS CALL THE FIRE PREVENTION BUREAU AT (760) 323-8186 AT LEAST 48 HOURS PRIOR TO THE REQUESTED INSPECTION DATE AND TIME.

4. All Double Check Detector Assemblies (DCDA) shall be installed with two (2) tamper switches and electrically monitored at a UL listed central station service, when there are:
• 20 or more fire sprinkler heads.
• Fire alarms or security systems installed.

5. Ductile iron underground piping shall be installed beginning five (5) feet from a building and continue into the building.

6. No joints shall be installed under the building.

7. The civil engineer who designed the water system hereby certifies that this water system is in accordance with the requirements as prescribed by the Fire Prevention Bureau, the California Fire Code (2022 Edition) and NFPA 24 (2022 Edition).

8. Breakaway spools or breakaway bolts are required.

4.0 FIRE SPRINKLER SYSTEMS – NFPA 13
Controls

4.1 All control valves shall be UL listed indicating valves.

4.2 All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit and monitored at a UL listed central station service.

4.3 An approved audible sprinkler flow alarm (horn/strobe with weather-proof back box) shall be provided on the exterior of the building in an approved location. A second horn/strobe shall be installed in the interior of the building in a normally occupied location. Power shall be provided from a listed fire alarm control unit.

4.4 A dedicated electrical circuit with a circuit breaker lock shall be required for the listed fire alarm control unit.

Fire Sprinkler Risers (NFPA 13)

4.5 When more than one (1) fire sprinkler riser is served by a single private fire service main lateral, a separate system riser with a UL listed indicating control valve, riser check valve, water flow indicator and main drain is required for each fire sprinkler riser.

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4.6 In multi-story buildings, each floor shall have a sectional riser with a UL listed indicating control valve, riser check valve, water flow indicator and main drain.

4.7 In order to provide access to the riser for future maintenance and repair, all fire sprinkler system riser locations shall provide a minimum eighteen (18) inch clearance to each side and to the front of the riser. If a riser is to be concealed by means of a wall or closet, access to the riser shall be provided by means of a door with minimum dimensions of two (2) feet and six (6) inches by six (6) feet and eight (8) inches.

Piping and Hangers (NFPA 13)

4.8 Threaded steel pipe shall have a minimum wall thickness of Schedule 30 for branch lines less than 2 1/2 inches and Schedule 40 for all other piping.

4.9 Rolled groove and welded steel pipe shall have a minimum wall thickness of Schedule 10.

4.10 The discharge area for the main drain and inspector's test valve shall be protected with a concrete splash pad to prevent damage to landscaping during periodic testing.

4.11 Trapeze hangers shall be installed according to NFPA 13. The acceptable trapeze methods as outlined in NFPA 13 shall be Schedule 10, Schedule 40 or angles. No other methods will be accepted unless a structural engineer or the architect of record provides to the Fire Prevention Bureau calculations and diagrams wet stamped and signed for each application.

4.12 Where a beam or joist thickness will not accommodate a fastener of a required length, a through bolt with the required diameter of the bolt and washer will be acceptable. All-thread rod is not acceptable for the required bolt.

4.13 Lag bolts and screws are not acceptable for seismic bracing.

4.14 Seismic sway bracing shall use Schedule 40 pipe as a minimum.

Design (NFPA 13)

4.15 For commercial and industrial “Shell Buildings”, with the potential for high-pile storage and/or wherein no specific end use is identified at the time of plan check, the sprinkler system shall provide a minimum density of .45 GPM/square foot for a 2,000 square foot design area and 286°F sprinkler heads shall be used in these buildings. Roof coverage over mezzanine areas shall also be built to this standard.

Any deviation from this requirement will require the Fire Prevention Bureau approval.

4.16 It is incumbent upon the sprinkler system designer to advise the building owner that the above density and design area are minimums for shell buildings; and that increases in sprinkler protection may be required based on future occupancy hazard classification, storage commodity classification, and storage configuration according to NFPA 13 and the California Fire Code (2022 Edition).

4.17 When a shell building is built without a hard lid or T-bar ceiling, the upright fire sprinklers shall be designed to the unfinished ceiling height and the density and design area for the required floor area.

4.18 Fire sprinkler design shall be limited to 90% of the available water supply.

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Palm Springs City CouncilDecember 5, 2022

Palm Springs City Council
December 5, 2022