RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT
FOR DESERT MOUNTAIN VIEW BUSINESS PARK ON THE
TRIBAL TRUST LAND LOCATED WEST OF TIPTON ROAD,
SOUTH OF INTERSTATE 10, AND NORTH OF HIGHWAY 111
(APNS: 516-070-022. 516-090-010. 522-030-008, 522-030-009, 522-090-001); DIRECTING STAFF TO TRANSMIT THE REPORT
TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING
BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE
CR-2024-0002)
WHEREAS, On December 15, 1998, the City Council of the City of Palm Springs (“City”) and the Tribal Council of the Agua Caliente Band of Cahuilla Indians (“Tribe”) entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe’s final approval and authority over projects on Tribal Trust Land.
WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement (“Agreement”).
WHEREAS, On October 17, 2018, the City and the Tribe adopted an Amended and Restated Land Use Contract (“Contract”), superseding all prior agreements relative to Allotted Trust Lands, and reaffirming the authority of the Tribe to establish, impose and enforce land use controls relative to Tribal Trust Lands.
WHEREAS, On October 8, 2025, the Tribe submitted a Project Report and draft Tribal Environmental impact statement to the City for “Desert Mountain View Business Park,” for the construction of 2.85 million square feet in four (4) buildings (“Project”), on an undeveloped 217-acre site located west of Tipton Road, south of Interstate 10, and north of Highway 111 (APNS: 516-070-022. 516-090-010. 522-030-008, 522-030-009, 522-090-001).
WHEREAS, the Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement.
WHEREAS, on December 10, 2025, the City Council conducted a public meeting and considered the matter, including the Project Report, the draft Environmental Assessment, the Administrative Review, the Conformity Report, related exhibits and studies, and public testimony.
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WHEREAS, the City Council has concluded that the proposed Project could generally be consistent with the goals and objectives of the City of Palm Springs General Plan and the development standards of the Palm Springs Zoning Code and that the project is found to be conforming under the terms of the Agreement and such that certain procedures may be waived under Section 7 of the Agreement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Conformity Report, dated December 10, 2025, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe.
SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. CR-2025-0002), as outlined in the Agreement, is hereby waived:
Section 5. Joint Meeting.
“Within thirty (30) days (of the City Council’s adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.” ADOPTED THIS 10TH DAY OF DECEMBER, 2025.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
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Resolution No. _____
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, MMC
CITY CLERK
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RESOLUTION NO._______
EXHIBIT A
Case CR-2025-0002
Desert Mountain View Business Park
(APN 516-090-010, 516-070-022, 522-040-001,
522-030-008, 522-030-009),
December 10, 2025
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions below are provided by the Director of Planning Services, the Building Official, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition.
PLANNING SERVICES CONDITIONS:
PLN 1. Water Efficient Landscaping Conformance. It is recommended that the project conform to the Water Efficient Landscape Ordinance (Chapter
8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning Services for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.
PLN 2. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.
PLN 3. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of
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the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan).
PLN 4. Impact Fees. The developer shall pay to the City or designated entity (e.g. Palm Springs Unified School District) all related impact fees, including, but not limited to, sewer and drainage fees, public art fees, and regional impact fees (in-lieu of TUMF fees).
PLN 5. Maintenance and Repair. It is recommended that the property owner(s) and successors and assignees in interest shall maintain and repair the off-site improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense.
ENGINEERING SERVICES CONDITIONS:
The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.
STREETS
ENG 1. It is recommended any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 48-hour inspection notification is required. Issuance of an encroachment permit shall be required prior to commencement of any work within right-of-way.
ENG 2. It is recommended applicant shall obtain State permits and approval of plans for any work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the commencement of any work within Caltrans right-of-way.
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ENG 3. It is recommended the applicant shall obtain a United Pacific Railroad (UPRR) right-of-way entry permit or Railroad Agreement for all work done within UPRR right-of-way. A copy of an approved UPRR right-of-way entry permit or Railroad Agreement shall be provided to the City Engineer prior to the commencement of any work within UPRR right-of-way.
ENG 4. It is recommended the applicant shall obtain all necessary approvals (Encroachment Permit and/or Cooperative Agreement) from the Riverside County Flood Control and Water Conservation District (RCFC) for all RCFC related improvements.
ENG 5. It is recommended to submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment permits.
ENG 6. It is recommended when public dedications of easements or rights-of-way over Tribal Allottee land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant’s responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are “without limitation as to tenure”; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted.
ENG 7. It is recommended the public street improvements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions.
TIPTON ROAD
ENG 8. It is recommended to construct a 6 inch curb and gutter both sides of Tipton Road from northerly property line to a distance of 800 feet east of the intersection of Wendy Road per City Standard # 315 (centerline to curb 25 feet both sides) in accordance with City of Palm Springs Standard Drawing No. 200.
ENG 9. It is recommended to construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 205.
ENG 10. It is recommended to remove all existing pavement and re-construct pavement from northerly property line to a distance 800 feet east of Wendy Road (and applicable transitions) with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal
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and replacement may be required upon review of existing pavement crosssections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
ENG 11. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced.
WENDY ROAD
ENG 12. It is recommended applicant shall apply for the vacation of the westerly portion of Wendy Road (along frontage of APN 522-040-001) reserving easements for service and emergency vehicles and personnel in accordance with City of Palm Springs Standard Drawing No. 105. Developer shall be responsible for final resolution of all utilities, demolition of all existing improvements, reconstruction of affected intersecting streets and coordination of improvements with adjacent property owners, if applicable, for the street vacation. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans.
ENG 13. It is recommended to construct a 6 inch curb and gutter, both sides of Wendy Road along the entire frontage (public right-of-way), with applicable radius curb return at the intersection of Wendy Road and Tipton Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 14. It is recommended to construct an 8 feet wide cross gutter and spandrel as required by design for street improvements and intersection improvements for the Intersection of Wendy Road and Tipton Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 15. It is recommended all cul-de-sacs or modified cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. Construct all cul-de-sacs with a cul-de-sac bulb that has a minimum curb radius of 43 feet throughout the bulb, unless otherwise approved by the Fire Marshall to not have cul-de-sac bulbs. Approval from Fire Marshall required to be submitted to the City Engineer. In which case, a vehicular turnaround (hammerhead or similar configuration) shall be constructed where necessary, in accordance with City of Palm Springs Standard Drawing No. 106A.
ENG 16. It is recommended to remove all existing pavement and re-construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed
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by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
ENG 17. It is recommended all broken or off grade street improvements along the project frontage shall be repaired or replaced.
UPRR CROSSING
ENG 18. It is recommended remove all existing pavement and re-construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of pavement to edge of pavement to a width accommodating 4 travel lanes and appurtenant deceleration and acceleration lanes located at intersection of Highway 111. In accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
ENG 19. It is recommended all broken or off grade street improvements along the project frontage shall be repaired or replaced.
ON-SITE
ENG 20. It is recommended the minimum pavement section for all on-site pavement shall be 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
ENG 21. It is recommended all gated entry is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit showing truck turning movements around the entry, demonstrating the ability of standard size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 50 feet shall be provided between the back of sidewalk on the adjacent street and the gated entry directory/control panel, with an approved maneuvering area provided between the directory/control panel and the entry gates. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries 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. In the event of a power failure, the gates shall be defaulted or automatically
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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.
ENG 22. It is recommended all on-site drive aisles and parking lots shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.
SANITARY SEWER
ENG 23. It is recommended all on-site sewer systems shall be privately maintained.
Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R’s) or operating agreement for the project.
ENG 24. It is recommended to construct a private sanitary sewer system in accordance with City of Palm Springs Ordinance No. 1084. The record property owner shall enter into a covenant agreeing to extend the private sewer lines the necessary distance to connect to the public sewer system within one year of official notice that an operating public sewer has been completed within 500 feet of the lot. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant.
ENG 25. It is recommended the City recommends that the applicant contact the Riverside County Health Department for requirements related to the construction of private septic systems. Private septic systems may require additional environmental requirements from Riverside County Health Department and/or the Regional Water Quality Control Board. A “Plan Check Clearance” for septic tank systems will be performed by Riverside County Health Department and/or Regional Water Quality Control Board, following permits for construction of the septic system will be issued by the City of Palm Springs.
ENG 26. It is recommended in accordance with City of Palm Springs Municipal Code
15.14.010, applicant shall connect new building to a public sewer, unless an exemption is granted by the Municipal Code.
GRADING
ENG 27. It is recommended applicant submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval. The plan shall be approved by the City Engineer prior to grading permit issuance.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall
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be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (866) 861- 3878, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.
ENG 28. It is recommended in accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed at the limits of grading and/or disturbed areas. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.
ENG 29. It is recommended temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.
ENG 30. It is recommended within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.
ENG 31. It is recommended that a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2022-0057- DWQ as adopted September 8, 2022) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.
ENG 32. It is recommended this project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012,
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all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the upto-date SWPPP shall be kept at the project site and be available for review upon request.
ENG 33. It is recommended in accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.
ENG 34. It is recommended a Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.
ENG 35. It is recommended the applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to issuance of Building Permits.
ENG 36. It is recommended in cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, CA 90040 (Phone (760) 782-3271, (562) 505-6415), [email protected].
WATER QUALITY MANAGEMENT PLAN
ENG 37. It is recommended this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required.
ENG 38. It is recommended a Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance
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of approval of any grading plan. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.
ENG 39. It is recommended prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement and maintain the approved Final Project-Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include: requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project-Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits.
ENG 40. It is recommended that industrial facilities are subject to the General Permit for Stormwater Discharges Associated with Industrial Activity as defined by the Standard Industrial Classification (SIC) code, prior to issuance of certificate of occupancy (OR of “final” approval by City), the applicant shall demonstrate that General Permit coverage has been obtained by providing a copy of the Notice of Intent submitted to the SWRCB and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing.
DRAINAGE
ENG 41. It is recommended all stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer.
For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. The hydrology study shall be reviewed and approved prior to approval of any grading plan. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.
ENG 42. It is recommended this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best
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Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development.
ENG 43. It is recommended to submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.
ENG 44. It is recommended to construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the onsite underground retention system, as described in the Hydrology and Hydraulic Study.
ENG 45. It is recommended all on-site storm drain systems shall be privately maintained. Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) or operating agreement for the project.
GENERAL
ENG 46. It is recommended any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.
ENG 47. It is recommended all proposed utility lines shall be installed underground.
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ENG 48. It is recommended in accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the property line meet the requirement to be installed underground. The applicant is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project.
ENG 49. It is recommended all existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line.
ENG 50. It is recommended upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.
ENG 51. It is recommended the original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as-built” information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.
ENG 52. It is recommended nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.
ENG 53. It is recommended all proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.
TRAFFIC
ENG 54. It is recommended that the traffic study submitted by Kimley Horn and will need to be submitted to CalTrans for review and approval prior to issuance of a grading permit. Any further mitigation measures that become required as part of the review and approval process with CalTrans are incorporated herein by reference and any plans and/or studies to be required by them will need to be approved by CalTrans prior to commencement of any work within any right-of-way.
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ENG 55. It is recommended all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
ENG 56. It is recommended to submit traffic striping and signage plans prepared by a California registered civil engineer, for review and approval by the City Engineer prior to issuance of any encroachment or building permits. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy.
ENG 57. It is recommended construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.
ENG 58. It is recommended this property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS:
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire codes.
Detailed plans are still required for review. Conditions are subject to final plan check and review.
FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers and a fire alarm system based on the change of use.
FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.
FID 4. Shall install to the 2022 California Fire Code, Chapter 23 Fuel Dispensing.
FID 5. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Upon approval, the Fire Prevention Bureau will retain one set.
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.
Complete listings and manufacturer’s technical data sheets for all system materials
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Resolution No. _____
shall be included 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.
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 supporting data, (calculations and manufacturers 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.
FID 6. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.
FID 7. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.
FID 8. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.
FID 9. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.
FID 10. Designated Fire Lanes: In private developments fire lanes shall not be less than 24 feet in width (curb to curb) with no parking on either side and shall be identified.
FID 11. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required.
Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.
FID 12. Fire Alarm System Required: An automatic or manual fire alarm system is required.
Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.
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Resolution No. _____
FID 13. Private Fire Hydrants: This development will require private fire hydrants and double check detector assemblies. Please speak with Desert Water Agency.
FID 14. Fire Extinguishers: Shall provide 2A 10BC fire extinguishers every 75’. Shall mount 3-5’ off the ground.
END OF CONDITIONS
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ATTACHMENT C
Desert Mountain View Business
Park - Project Report
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Desert Mountain View Business Park
PROJECT REPORT
Prepared by:
AGUA CALIENTE BAND OF CAHUILLA INDIANS
5401 Dinah Shore Drive
Palm Springs, CA 92264
October 6, 2025
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Desert Mountain View Business Park Project Report October 6, 2025 i
TABLE OF CONTENTS
Sections
I. INTRODUCTION.................................................................................................................. 1 II. EXISTING CONDITIONS ..................................................................................................... 2 III. STATEMENT OF PROJECT.................................................................................................... 2 IV. ARCHITECTURAL AND LANDSCAPE CONCEPT ................................................................. 8 V. ENVIRONMENTAL ANALYSIS ............................................................................................. 8 VI. TENTATIVE TRACT MAP NO. 39218.................................................................................... 9 VII. FISCAL IMPACT ANALYSIS................................................................................................. 9 Tables
TABLE 1 PROJECT DEVELOPMENT SUMMARY.................................................................... 3 TABLE 2 DEVELOPMENT STANDARDS COMPARISON ........................................................ 5 Exhibits
EXHIBIT A PROJECT SITE LOCATION
EXHIBIT B EXISTING SITE CONDITIONS
EXHIBIT C PROJECT SITE PHOTOS
EXHIBIT D CONCEPTUAL SITE PLAN
EXHIBIT E ARCHITECTURAL ELEVATIONS
EXHIBIT F BUILDING FLOOR PLANS
EXHIBIT G PROJECT CIRCULATION PLAN
EXHIBIT H PRELIMINARY LANDSCAPE PLAN
EXHIBIT I TENTATIVE TRACT MAP NO. 39218
Appendices
APPENDIX A DRAFT TRIBAL ENVIRONMENTAL IMPACT STATEMENT
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Desert Mountain View Business Park Project Report October 6, 2025 1 I. INTRODUCTION
Desert Mountain View Business Park (the “Project”) is an industrial business park proposed to be constructed on approximately 217 acres of Tribal land (the “Project Site”) of the Agua Caliente Band of Cahuilla Indians (the “Tribe”). The Project Site is located at the intersection of Sections 9, 10, 15, and 16 of Township 3 South, Range 3 East of the San Bernardino Base and Meridian, Palm Springs, California, just east of the Interstate 10 (I-10)/State Route 111 (SR-111) Interchange, and is bounded by I-10 to the north, Tipton Road to the east, and SR-111 to the south and west. (See Exhibit A, Project Site Location Map).
As part of the project approval process and pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (the “Land Use Coordination Agreement”) with the City of Palm Springs (the “City”) dated December 15, 1998, the Tribe has prepared this Project Report on the Desert Mountain View Business Park (the “Project Report”) for the City’s administrative review. The following key Tribal and/or City actions establish the project approval process for Tribal lands:
1. On July 26, 1977, the Tribe and the City entered into Agreement No. 1324 (the “Land Use Agreement”) adopted by City Council Resolution No. 12298. Pursuant to the Land Use Agreement, the parties agreed that applications for issuance of permits and development pertaining to Indian Trust lands would initially be processed through the City, with the City collecting its normal fees and charges.
Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust lands, with the decision of the Tribal Council being final, after considering the recommendation of the Indian Planning Commission, as well as applicable Federal and Tribal law.
2. On January 5 and July 27, 1995, the City and the Tribe amended the Land Use Agreement with Supplement Nos. 3 and 4, respectively, which exempted certain Tribal lands from the Land Use Agreement.
3. On December 15, 1998, the Tribe and City entered into the aforementioned Land Use Coordination Agreement, which provides for City review and comment on projects exempted from the Land Use Agreement, while retaining the Tribe’s final approval and authority over projects on Tribal land.
4. On February 3, 1999, the City and the Tribe amended the Land Use Agreement with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement subject to the Land Use Coordination Agreement process.
5. On October 17, 2018, the City and the Tribe entered into an Amended and Restated Land Use Contract (the “Contract”) that superseded all prior agreements regarding land use between the Tribe and the City, including the Land Use Agreement and all supplements and amendments. As with the prior Land Use
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Desert Mountain View Business Park Project Report October 6, 2025 2 Agreement, the Contract exempts all Tribal lands which are then subject to the Land Use Coordination Agreement process.
This Project Report serves as an expanded project description and goes “hand in hand” with other submittal documents including technical reports and other pertinent information. The proposed Project will be developed to the standards of development identified in this Project Report.
II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map, the western and southern portions of the Project Site are vacant, undeveloped land covered with scattered creosote brush scrub. The eastern half includes an inactive ranch with fallow agricultural fields, scattered trees, and some minor accessory structures. Union Pacific Railroad lines divide the Project Site in two, and large electrical transmission lines cross the southern portion of the Project Site from east to west. (See Exhibit C, Project Site Photos). Utility connections for electricity, natural gas, and telecommunication services are available; domestic water and sewer service will be provided from existing groundwater wells and a package sewage treatment plant will be constructed on site as part of the Project. Public streets fronting and providing access to the Project Site include Tipton Road to the east and Wendy Road and SR-111 to the south.
Surrounding Land Uses
Land uses on adjacent properties include:
• North – I-10, freeway rest stops, and vacant land further north • Northwest – I-10/SR-111 Interchange and a rural residential community (Whitewater) located approximately 2,700 feet beyond that • West – SR-111 and vacant, undeveloped land further west • South – SR-111 and vacant, undeveloped land further south • East – Tipton Road and vacant, undeveloped land further east III. STATEMENT OF PROJECT
Shopoff Realty Investments acting as Desert Mountain View, LLC (the “Developer”), through a ground lease with the Tribe, is proposing to develop and market an industrial business park totaling up to 2.85 million square feet. The Project includes four industrial, concrete tilt-up buildings ranging in size from approximately 248,000 square feet to 1.14 million square feet, as well as associated vehicle and truck parking and landscape areas. In addition, infrastructure such as roadways, a stormwater management system, and other utility improvements would also be constructed as part of the Project.
While end users of the industrial warehouse buildings are unknown at this time and the future use of those buildings is speculative in nature, given the Project Site’s size and proximity to major goods movement infrastructure, such as major interstate highways, and the ports of Los Angeles and Long Beach, warehousing use with ancillary office
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Desert Mountain View Business Park Project Report October 6, 2025 3 and maintenance areas is highly likely. With that said, two Project options are under consideration by the Developer: Option 1, 100 percent warehousing: and Option 2, a mix of warehousing and cold storage. Both Options were analyzed in the Draft Tribal Environmental Impact Statement prepared for the Project included as Appendix A, and Option 1 is summarized in Table 1 below.
TABLE 1 – PROJECT DEVELOPMENT SUMMARY
BLDG 1 BLDG2 BLDG3 BLDG 4 Subtotal Lot 51
Common
Area TOTAL
SITE AREA
In Square Feet
In Acres
1,165,345
26.8 2,577,397
59.2 3,172,182
72.8 881,372
20.2 7,796,296
179.0
539,565
12.4 1,127,780
25.9 9,463,641
217.3
BUILDING AREA
Office
Warehouse
10,000
436,826
15,000
1,128,020
10,000
1,006,900
10,000
238,300
45,000
2,810,046
-
-
-
-
45,000
2,810,046
TOTAL 446,826 1,143,020 1,016,900 248,300 2,855,046 - - 2,855,046 AUTO PARKING2 294 463 366 223 1,346 - - 1,346
TRAILER PARKING3 243 487 610 69 1,409 - - 1,409
1 Refer to Tentative Tract Map 39218. 2 Total number of stalls. See Table 2 for minimum auto parking requirements. 3 Total number of 10’ x 53’ truck trailer stalls.
The Conceptual Site Plan for the Project is included as Exhibit D, and the Architectural Elevations and Building Floor Plans are provided as Exhibits E and F, respectively. The Project Circulation Plan is shown on Exhibit G and the Preliminary Landscape Plan for the Project is included as Exhibit H.
A. Property Development Standards
Pursuant to the Land Use Coordination Agreement, the Project Report shall include “an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards,…and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe.”
While the Project is located within the City of Palm Springs, it is located on Tribal land that is not subject to City land use regulations. As a result, the Palm Springs General Plan and Zoning Code serve as a guiding framework, but do not bind the Tribe in its decision to approve the Project. Under the Palm Springs General Plan, the Project Site is designated Open Space Desert (OS-D; 1 dwelling unit per acre) and zoned open land (O-5; 5-acre minimum lot size), where industrial uses are not permitted.
If this Project were subject to City standards/regulations, an amendment to the City’s General Plan and Zoning Code would be required as outlined below.
General Plan Amendment
• Change the Palm Springs General Plan land use designation of the Project Site from Open Space Desert (OS-D) to Industrial (IND); and
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Desert Mountain View Business Park Project Report October 6, 2025 4 Zoning Code Amendment
• Change City zoning of the Project Site from open land (O-5) to manufacturing (M-2), where the development of warehouses is allowed; and • Revise the area covered by the max building height exemption under Section
92.17.1.03 (M-2; Property Development Standards) of the City Zoning Code to include the Project Site.
With the above General Plan and Zoning Code Amendments, warehouse development would be permitted as a by-right use in the M-2 zone, and warehouse use would be consistent with the Industrial General Plan land use designation. The Project would also support the following goals and policies of the General Plan:
Goal LU3: A desert community with high-quality industrial and business park development.
Policy LU3.2 Expand and revitalize industrial uses within the City through appropriate development incentives in targeted areas.
Goal LU12: Commercial, office, and industrial land uses along the I-10 Corridor reflect the world class resort status of our city and provide a strong sense of entry and arrival into Palm Springs and the entire Coachella Valley.
Policy LU12.1 Concentrate high-quality regional and freeway-serving land uses that reflect an attractive, well-designed first impression of the City along the entire I-10 frontage, while protecting environmental resources.
Policy LU12.2 Promote the development of regional business centers, freeway commercial uses, energy uses, warehouses and distribution centers adjacent to the freeway while maintaining high standards of design and quality of improvements to strengthen the economic vitality of the City. Strip commercial uses are discouraged along the corridor, especially in those areas adjacent to frontage roads.
Policy LU12.3 Support the development of commercial, industrial, and office uses on properties located north of the Union Pacific Railroad that are not currently designated as RBC (excluding those areas designated as OS-W), provided that the appropriate environmental
documentation is prepared, and the appropriate roadway and utility infrastructure can be provided to support the proposed uses.
Policy LU12.4 Ensure that new development along the freeway corridor is compatible with the City’s policies related to scenic resources.
Goal CR1: Establish and maintain a safe, efficient, interconnected circulation system that accommodates vehicular travel, walking, bicycling, public transit, and other forms of transportation.
Policy CR1.3 Continue coordination/cooperation with adjacent jurisdictions regarding future roadway sections, standards, and improvements.
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Desert Mountain View Business Park Project Report October 6, 2025 5 Policy CR1.10 Require the owner of applicant of new development projects to address traffic deficiencies.
Policy CR1.12 Private roads shall be developed in accordance with the City’s published engineering standards for public streets, unless otherwise approved by the City Engineer.
The Project Site, which was targeted by the Tribe for industrial use, is surrounded by public infrastructure that cuts off and separates it from the surrounding undeveloped areas. These include I-10 to the north, Tipton Road to the east, and SR-111 to the south and west. The Project Site is also bisected by Union Pacific Railroad lines, and major electric transmission lines cross the southern portion from east to west; both are incompatible with residential or other non-industrial type uses.
Regional access to the Project Site is located nearby and provided via I-10 and SR111. As discussed further in the next section of this Project Report, the Project will be required to make improvements to Wendy Road, Tipton Road, and SR-111 in accordance with City standards and Caltrans requirements.
Table 2 below compares the proposed development standards for the Project against the allowed/required standards of the City’s General Plan and M-2 Zone. As Table 1 illustrates, the Project would be consistent with the City’s General Plan and would comply with all M-2 development standards that would be established through the previously identified General Plan and Zoning Code Amendments.
TABLE 2 – DEVELOPMENT STANDARDS COMPARISON
General Plan/M-2 Zone Development Standard
Allowed/
Required
Proposed
Project
Complies?
(yes/no)
Maximum Floor Area Ratio1 0.5 0.302 Yes
Minimum Lot Area2 40,000 sf 539,565 sf3 Yes
Lot Coverage2 60% 30.2% Yes
Maximum Building Height2 60’4 58’ Yes
Building to Property Line Setbacks4
North from Building 3
East from Building 2
South from Building 4
West from Building 3
58’
58’
46’
58’
101’
104’
197’
258’
Yes
Yes
Yes
Yes
Auto Parking Spaces5
Up to 100,000 sf (1 space per 800 sf gross floor area)
Next 100,000 sf (1 space per 1,250 sf gross floor area) All Additional (1 space per 5,000 sf gross floor area)
500
320
413
TOTAL 1,233 1,346 Yes
1 2040 Palm Springs General Plan, Land Use Element, Industrial land use designation (Page 2-16). 2 Section 92.17.1.03 of the Palm Springs Municipal Code (PSMC). 3 Smallest lot size in the Project. 4 PSMC Section 92.17.1.03(C)(2)(b). 5 PSMC Section 93.06.00(36). Parking requirements applied to each building, then totaled.
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Desert Mountain View Business Park Project Report October 6, 2025 6 B. Circulation
Direct access to the Project Site is provided via Wendy Road, Tipton Road, and SR111. Within the Project Site, Wendy Road will be vacated as a public street and extended northward and then eastward, reconnecting with Tipton Road forming an east-facing horseshoe. It will be a private, two-lane undivided roadway designated as an Industrial Collector Street, with one 25-foot-wide travel lane in each direction with 8-foot-wide sidewalks.
Most truck trips to and from the Project Site are expected to originate from and return to the Port of Los Angeles or the Port of Long Beach via I-10. In order to avoid congestion at the I-10/Tipton Road Interchange, the Draft TEIS identified the following traffic related Project Design Features (PDF) and Mitigation Measures (MM) that will be implemented as part of the Project to direct and encourage truck traffic to access I-10 from SR-111 (see Exhibit G):
PDF TRA-1 The Project will install prominent directional signage at site driveways indicating that the preferred truck route follows a counterclockwise path along Wendy Road toward the southern intersection with Tipton Road, then southbound on Tipton Road to access SR-111, and ultimately either westbound or eastbound I-10. General-purpose passenger vehicles may travel in either direction—clockwise or counterclockwise—along Wendy Road. While trucks are permitted to circulate clockwise through the site, they will be required to make a right turn at the northern intersection of Wendy Road and Tipton Road. This circulation pattern will be documented in a formal circulation plan, which will be distributed to drivers and employees of future tenants. Employers will be responsible for providing periodic training to ensure full understanding of, and compliance with, the designated routing.
PDF-TRA-2 Install an adjustable height-restricted clearance bar on Wendy Road, west of its northern intersection with Tipton Road. The bar will be suspended from a cantilevered structure located on the south side of Wendy Road and will extend across the eastbound lanes. However, the clearance bar itself will hang only above the left-turn pocket of the outbound (eastbound) approach to Tipton Road. Traffic delineators will separate the two eastbound lanes. This design will restrict trucks from turning left onto northbound Tipton Road toward the I-10 interchange, while still permitting truck access to the inbound Wendy Road lane and the right-turn lane toward southbound Tipton Road. To prevent outbound trucks from bypassing the restriction by entering opposing lanes, bollards are proposed to separate inbound and outbound traffic on Wendy Road at its northern intersection with Tipton Road. Additionally, bollards will be installed to separate the eastbound left-turn lane from the right-turn lane, preventing trucks from changing lanes after passing the clearance bar.
The height-restricted clearance bar will remain adjustable to allow access for emergency vehicles and authorized trucks as needed. Advance warning signage will be installed along eastbound Wendy Road to alert
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Desert Mountain View Business Park Project Report October 6, 2025 7 truck drivers of the upcoming height restriction, encouraging them to use the right-turn lane toward southbound Tipton Road.
MM TRA-1 Construct an acceleration lane on westbound SR-111 downstream of Tipton Road to assist vehicles merging from southbound Tipton Road onto westbound SR-111. This improvement allows vehicles to accept smaller gaps in traffic and merge more efficiently. Additionally, this improvement is expected to reduce delays and alleviate queuing on Tipton Road, particularly during peak periods.
MMTRA-2 Construct a westbound deceleration lane on SR-111 upstream of Tipton Road to allow SR-111 vehicles to execute turning movements at lower speeds. The deceleration lane would additionally allow queuing storage while minimizing disruption to westbound traffic on SR-111, particularly during peak periods.
MM TRA-3 Widen Tipton Road at its southern intersection with Wendy Road from two lanes (one in each direction) to three lanes (two southbound lanes and one northbound lane). The additional southbound lane would begin west of the southern Wendy Road and Tipton Road intersection, continuing along eastbound Wendy Road before transitioning to southbound Tipton Road. The southernmost eastbound lane from Wendy Road would not be stop-controlled at the intersection and would feature a bollard divider to create a continuous flow for vehicle movement leaving the Project site heading to SR-111 and ultimately to the westbound I-10. Southbound Tipton Road would merge from two travel lanes to one travel lane approximately 800 feet east of the southern Wendy Road and Tipton Road intersection.
Between the grade crossing and SR-111, Tipton Road would have two southbound lanes configured as a left-turn pocket and a right-turn pocket to facilitate turning movements onto SR-111, along with two northbound lanes to accommodate northbound traffic. This configuration is designed to improve overall intersection performance and safety by increasing vehicle storage capacity and separating turning movements.
The addition of the SR-111 acceleration lane enhances operational efficiency in the southbound direction, while additional storage capacity in the northbound direction helps accommodate traffic queues during train events.
MM TRA-4 Construct an acceleration lane on westbound SR-111 downstream of Snow Creek Road to assist vehicles merging from southbound Snow Creek Road onto westbound SR-111. This improvement allows vehicles to accept smaller gaps in traffic and merge more efficiently. Additionally, this improvement is expected to reduce delays and alleviate queuing on Snow Creek Road, particularly during peak periods.
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Desert Mountain View Business Park Project Report October 6, 2025 8 MM TRA-5 Construct a westbound deceleration lane on SR-111 upstream of Snow Creek Road to allow SR-111 vehicles to execute turning movements at lower speeds. The deceleration lane would additionally allow queuing storage while minimizing disruption to westbound traffic on SR-111, particularly during peak periods.
IV. ARCHITECTURAL AND LANDSCAPE CONCEPT
The design of the industrial buildings integrates aesthetics with functionality, which is the core of the Project’s design. The buildings are oriented along a northwest-tosoutheast axis, aligning with the prevailing wind patterns to minimize interior wind penetration. While there are functional limitations related to the architectural design of warehouse buildings, they were designed with four-sided architecture in mind with a color palette that helps them blend into the desert landscape. Inspired by the everchanging hue of the desert, the color palette reflects the shifting light and intensity throughout the day.
As shown on Exhibit H, project landscaping includes a variety of low maintenance plant species, including Blue Palo Verde, Desert Willow and Chilean Mesquite Trees, and other shrub and ground cover that meet water efficiency requirements.
Landscaping is also used along slopes of the Project Site to prevent erosion, and while landscaping is provided in the automobile parking areas, it is omitted from the truck yards in order to improve site design efficiency. With respect to landscape maintenance, in addition to the requirements of Chapter 5.12, Property Maintenance Standards, of the Agua Caliente Tribal Code, the businessowner association formed for the Project will be bound to maintain all common area landscaping including the landscape parkways along Tipton and Wendy Roads.
V. ENVIRONMENTAL ANALYSIS
As stated previously, a Draft Tribal Environmental Impact Statement (TEIS) has been prepared for the Project and is included as Appendix A. The Draft TEIS analyzed the potential effects of the proposed Project including impacts related to Aesthetics, Air Quality and Greenhouse Gas Emissions, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Land Use and Planning, Mineral Resources, Noise and Vibration, Population and Housing, Public Services, Recreation, Transportation/Circulation, Utilities & Service Systems, and Water Resources. Based on the analysis contained in the Draft TEIS and the incorporated mitigation measures, with the exception of operational Air Quality impacts, no other adverse environmental impacts are anticipated.
Project operations would result in long-term emissions of criteria air pollutants, including volatile organic compounds (VOCs) and Nitrogen Oxides (NOx). Based on modeling conducted for the Draft TEIS, operational emissions, mostly from truck and motor vehicle traffic, would exceed the South Coast Air Quality Monitoring District regional thresholds for these two criteria pollutants. This exceedance is acknowledged within the Draft TEIS as an inherent outcome of developing and operating a large-scale warehouse facility in a region with existing air quality
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Desert Mountain View Business Park Project Report October 6, 2025 9 constraints. While the Project contributes to regional economic goals, the operational Air Quality impacts represent a residual environmental effect that cannot be fully mitigated to below a level of significance.
VI. TENTATIVE TRACT MAP NO. 39218
A tentative tract map has been prepared for lease purposes consisting of five numbered lots for the four warehouse buildings, and ten lettered lots for the internal streets, stormwater retention basins, and common landscape areas (see Exhibit I).
VII.FISCAL IMPACT ANALYSIS
The Project will be conditioned to pay the standard development impact fees imposed by the City of Palm Springs, including, but not limited to, drainage fees, public art fees, regional traffic impact (in-lieu TUMF) fees, school fees, etc. In addition, possessory interest tax will be collected from the leasehold interest that will go toward funding City services. The Draft TEIS also includes traffic related Project Design Features and Mitigation Measures that will improve SR-111 and Tipon Road, the latter serving as an alternate route between Palms Springs, Interstate 10, Desert Hot Springs, and communities further north when Indian Canyon Drive and Gene Autry Trail are temporarily closed during severe blowing sand and flooding events.
Therefore, with the incorporation of these development fees, payment of possessory interest tax, and the implementation of traffic related Project Design Features and Mitigation Measures, the Project will have a negligible impact on public services, while having a beneficial impact to the local economy by providing more job opportunities and revenue to the City.
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT A – PROJECT SITE LOCATION
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT B – EXISTING SITE CONDITIONS
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT C – PROJECT SITE PHOTOS
From State Route 111/Interstate 10 Intersection Looking East From Tipton Road at Northeast Corner of the Project Site looking Southwest From State Route 111/Snow Creek Road Intersection Looking North
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT D – CONCEPTUAL SITE PLAN
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.1 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 1
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.2 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 2
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.3 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 3
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.4 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 4
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.1 – FLOOR PLANS – BUILDING NO. 1
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.2 – FLOOR PLANS – BUILDING NO. 2
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.3 – FLOOR PLANS – BUILDING NO. 3
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.4 – FLOOR PLANS – BUILDING NO. 4
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT G – PROJECT CIRCULATION PLAN
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT H – PRELIMINARY LANDSCAPE PLAN
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT I.1 – TENTATIVE TRACT MAP NO. 39218
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT I.2 – TENTATIVE TRACT MAP NO. 39218
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Desert Mountain View Business Park Project Report October 6, 2025
APPENDIX A
DRAFT TRIBAL ENVIRONMENTAL IMPACT STATEMENT
(Under a Separate Cover)
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ATTACHMENT D
Exhibits
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT A – PROJECT SITE LOCATION
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT B – EXISTING SITE CONDITIONS
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT C – PROJECT SITE PHOTOS
From State Route 111/Interstate 10 Intersection Looking East From Tipton Road at Northeast Corner of the Project Site looking Southwest From State Route 111/Snow Creek Road Intersection Looking North
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT D – CONCEPTUAL SITE PLAN
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.1 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 1
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.2 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 2
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.3 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 3
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT E.4 – ARCHITECTURAL ELEVATIONS – BUILDING NO. 4
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.1 – FLOOR PLANS – BUILDING NO. 1
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.2 – FLOOR PLANS – BUILDING NO. 2
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.3 – FLOOR PLANS – BUILDING NO. 3
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT F.4 – FLOOR PLANS – BUILDING NO. 4
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT G – PROJECT CIRCULATION PLAN
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT H – PRELIMINARY LANDSCAPE PLAN
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Desert Mountain View Business Park Project Report October 6, 2025 EXHIBIT I.1 – TENTATIVE TRACT MAP NO. 39218
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CITY COUNCIL STAFF REPORT
DATE: DECEMBER 10, 2025 BUSINESS & LEGISLATIVE
SUBJECT: A REQUEST BY THE CITY OF PALM SPRINGS FOR ADOPTION OF AN URGENCY ORDINANCE (4/5THS VOTE REQUIRED) AND FIRST
READING OF A PROPOSED ORDINANCE ADOPTING AND AMENDING
THE 2025 CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS), THE 2025 CALIFORNIA RESIDENTIAL CODE, THE 2025 CALIFORNIA MECHANICAL CODE,
THE 2025 CALIFORNIA FIRE CODE, THE 2025 CALIFORNIA PLUMBING CODE, THE 2025 CALIFORNIA EXISTING BUILDING CODE, THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 WILDLAND-URBAN INTERFACE CODE, THE 2025 CALIFORNIA ENERGY CODE, THE 2025 CALIFORNIA
GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA
MECHANICAL CODE, THE 2025 CALIFORNIA ELECTRICAL CODE, THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, AND
ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE
CODE.
FROM: Scott C. Stiles, City Manager
BY: Building and Safety
Fire Department
SUMMARY:
This is a request for adoption of an urgency ordinance and first reading of a regular ordinance to adopt the newest edition (2025) of the California Building Standards Code (CBSC) with local amendments. Local amendments may be adopted by municipalities due to unique local climatic, geological, or topographical conditions. The 2025 edition of the CBSC will become effective on January 1, 2026; an urgency ordinance is necessary for the City’s proposed local amendments to also become effective on that date.
RECOMMENDATION:
1. Waive the full reading of the Ordinance text in its entirety, read by title only, and adopt urgency Ordinance No. _____, “AN URGENCY 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
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City Council Staff Report
December 10, 2025 -- Page 2
2025 California Building Standards Codes Adoption
REFERENCE, TOGETHER WITH CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS, THE 2025 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B; THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2024 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;”
2. Introduce by title only and waive further reading of 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 2025 CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE; THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B; THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2024 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;” and
3. Schedule a public hearing for January 14, 2026, to consider adoption of the regular ordinance at second reading.
BACKGROUND:
Every three years, the California Building Standards Commission updates the California Building Standards Code. This Code sets the minimum design and construction standards for buildings and structures statewide. The new 2025 Code will become effective on January 1, 2026. Cities and counties may adopt more restrictive standards
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City Council Staff Report
December 10, 2025 -- Page 3
2025 California Building Standards Codes Adoption
(known as “local amendments”) when justified by local climatic, geological, or topographical conditions. The City of Palm Springs has adopted such amendments in the previous cycles, most recently in January 2023. If the City does not adopt its own amendments, the statewide standards as written will automatically apply.
The State’s Health and Safety Code requires local governments to adopt the most recent editions of the California Building Standards Codes (Title 24) related to building standards for specific types of buildings, building equipment, and features. The most recent edition for 2025 to be effective January 1, 2026, includes:
• 2025 California Administrative Code
• 2025 California Fire Code
• 2025 California Wildland-Urban Interface Code
• 2025 California Referenced Standards Code
• 2025 California Building Code
• 2025 California Residential Code
• 2025 California Plumbing Code
• 2025 California Mechanical Code
• 2025 California Electrical Code
• 2025 California Green Building Standards Code
• 2025 California Energy Code
• 2025 California Existing Building Code
• 2025 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 2024 edition. Together, these codes constitute the City’s Building Codes.
At each triennial adoption of the codes, the City evaluates the Building Codes to determine whether local conditions require adoption amendments to, or deletion of, certain Building and Fire Code sections, or adoption of new Building and Fire Code sections to address standards that are distinctly applicable to Palm Springs.
Consideration of the 2025 California Building Standards Codes is required to ensure that by January 1, 2026, when the state-mandated implementation of these Codes occurs, the City Council has adopted any changes necessary due to local climatic, geologic, or topographic conditions. An ordinance has been prepared to adopt the 2025 codes with the local amendments identified, along with certain Findings of Fact to allow for the City’s adoption of the local amendments. No findings are necessary to enact local or criminal procedures and remedies available for enforcing code violations, provided they do not establish building standards.
With the adoption of 2025 California Building Standards Codes, staff is recommending that the local amendments adopted with the 2022 California Building Standards Codes
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City Council Staff Report
December 10, 2025 -- Page 4
2025 California Building Standards Codes Adoption
be carried forward and adopted as part of the 2025 California Building Standards Codes, with certain further amendments or deletions as noted herein.
STAFF ANALYSIS:
The Building Official and the Fire Chief recommend that the City Council adopt the 2025 California Building Standards Codes (CBSC) with certain 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 these 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.
As the CBSC becomes effective on January 1, 2026, it is necessary for the City Council to adopt an urgency ordinance with immediate effect in order for the City’s local amendments to also take effect on that date. The urgency ordinance is included as Attachment A to this staff report. The urgency ordinance requires adoption by a 4/5th majority of the City Council. As a companion action, the City Council is being asked to introduce and conduct first reading of a “regular” ordinance that would make the adoption the CBSC and local amendments permanent (included as Attachment B). It is intended that a public hearing for second reading of the regular ordinance will be scheduled for the January 14, 2026 City Council meeting.
Relative to the proposed local amendments, the following tables identify where new or deleted local amendments to the CBSC are recommended, along with a general purpose statement describing the reason for the amendment. Local amendments previously adopted for the 2022 Codes and recommended for re-adoption to be carried forward as amendments to the 2025 Codes are not identified.
2025 BUILDING CODE AMENDMENTS
SECTION NEW DELETED PURPOSE
113.1 *
Amends the code to reference the
Building Code Board of Appeals,
which was established by the City
Council via Ordinance 2019 in
February 2025.
2025 FIRE CODE AMENDMENTS
SECTION NEW DELETED PURPOSE
104.1 *
Electronic submittal of Fire Protection
System Reports
202 *
To align with Citygate strategic
planning
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City Council Staff Report
December 10, 2025 -- Page 5
2025 California Building Standards Codes Adoption
New Fire Code Regulations Electronic Submittal of Fire Protection System Reports To improve public safety and streamline fire code compliance, the Palm Springs Fire Department will require electronic submittal of inspection, testing, and maintenance (ITM) reports for fire protection and life safety systems, as authorized by California Fire Code Section 104.1.1.
The City will utilize The Compliance Engine (TCE), operated by Brycer LLC, to manage these reports. This system allows the Fire Department to track system performance, identify deficiencies, and ensure timely repairs.
This requirement applies to:
• Fire sprinklers, alarms, standpipes, pumps
• Commercial kitchen hood systems
• Special hazard systems
• Emergency power generators
Licensed contractors must:
• Register with TCE
• Submit ITM reports within 30 days of service
• Submit correction reports when deficiencies are resolved A nominal fee of $20 may be passed on to business owners by the contractor to cover costs of uploading reports. Noncompliance may result in enforcement per the California Fire Code. This policy enhances code enforcement and supports the City's commitment to public safety. Staff recommends this change for the following reasons:
• Ensures that fire protection systems are maintained.
• Improves public safety through timely tracking and correction of deficiencies. • Strengthens code compliance with consistent, centralized reporting. • Increases efficiency by reducing paperwork and streamlining oversight. • Enhances accountability from contractors through required electronic submissions.
• Aligns with industry best practices adopted by other jurisdictions.
An Ordinance has been prepared to officially adopt the state Fire Codes, with local amendments as recommended. Included with this Ordinance is reference to and previously adopted Appendices of the following documents:
• Palm Springs Fire Department 5:00 – Minute First Due Engine Travel Time (to be adopted as Appendix P, see Attachment C)
• Palm Springs Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire (to be adopted as Appendix Q, see Attachment D)
• Vegetation Management in Fire Hazard Severity Zones (to be adopted as Appendix S, see Attachment E)
• Palm Springs Fire Department Development Requirements (to be adopted as Appendix T, see Attachment F)
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City Council Staff Report
December 10, 2025 -- Page 6
2025 California Building Standards Codes Adoption
ENVIRONMENTAL ASSESSMENT:
Staff has determined and recommends that the City Council find that the amendments to the Municipal Code, made pursuant to these Ordinances, 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 changes 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 these Ordinances are 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 within five (5) days of the adoption of these Ordinances.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Foundation:
Public Safety and Community Services.
FISCAL IMPACT:
The cost for adopting and enforcing the updated codes and providing staff training has been included in the annual budgets for the Building & Safety Department and the Fire Department.
REVIEWED BY:
Department Director – Building: Dana MacAllister
Department Director – Fire: Paul Alvarado
Assistant City Manager: Flinn Fagg
City Attorney: Jeffrey Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. 2025 Building Code Adoption Ordinance
B. 2025 Fire Code Adoption Ordinance
C. 2025 Fire Code Appendix P
D. 2025 Fire Code Appendix Q
E. 2025 Fire Code Appendix S
F. 2025 Fire Code Appendix T
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ATTACHMENT A
Draft Urgency Ordinance
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URGENCY ORDINANCE NO. _____.
AN URGENCY 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 2025
CALIFORNIA BUILDING CODE, INCLUDING CHAPTER 1,
APPENDICES C, I, AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE 2025 CALIFORNIA
MECHANICAL CODE; THE 2025 CALIFORNIA FIRE CODE,
INCLUDING APPENDIX B; THE 2025 CALIFORNIA PLUMBING
CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE
2025 CALIFORNIA EXISTING BUILDING CODE; THE 2025
CALIFORNIA HISTORICAL BUILDING CODE, INCLUDING
APPENDIX A; THE 2025 CALIFORNIA ELECTRICAL CODE,
INCLUDING ALL APPENDICES; THE 2025 WILDLAND-URBAN
INTERFACE CODE, INCLUDING ALL APPENDICES; THE 2025
CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES;
THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE;
AND THE 2024 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.
(four-fifths (4/5) vote required)
CITY ATTORNEY SUMMARY
This Urgency Ordinance adopts and amends the 2025 Building Standards Code, Title 24 California Code of Regulations, which includes the California Building, Residential, Fire, Mechanical, Plumbing, Existing Building, Historical Building, Electrical, WildlandUrban Interface, Energy, and the Green Building Standards Codes (Parts 2, 2.5, 4, 5, 7, 9, 10, 8, 3, 6 and 11 respectively). In addition, this Ordinance adopts the 2024 International Property Maintenance Code, and 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 California Fire Code.
WHEREAS, pursuant to Government Code section 50022.1 et seq., the City
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Ordinance No. ____
of Palm Springs (“City”) may adopt by reference the California Building Standards Code, as provided in Title 24 of the California Code of Regulations and other codes, including, without limitation, the California Building, Residential, Fire Mechanical, Plumbing, Existing Building, Historical Building, Electrical, WildlandUrban Interface (“WUI”), Energy and the Green Building Standards Codes, in addition the 2024 International Property Maintenance Code (collectively, the “Uniform Codes”).
WHEREAS, on January 1, 2026, the California Building Standards Commission (“Commission”) will adopt the 2025 Edition of the California Building 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 2025 California Building Standards Code; and WHEREAS, the City’s Director of Building & Safety 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 Director of Building & Safety 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
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Ordinance No. ____
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this proposed Urgency Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented; and
WHEREAS, the City Council finds that approval of this Urgency Ordinance would accomplish the following:
1. Update the City’s Municipal Code to codify and align with the updated 2025 California Building Standards Code, and eliminate conflicting provisions.
2. Ensure that the proper authorities are designated to hear and decide matters related to building code and housing appeals.
3. Allow for City specific amendments of the California Building Standards Code to be properly implemented before general enactment of the standard provisions occurs on January 1,2026.
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 2025 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 2025 California Building Standards Code made herein in this Ordinance:
(a) The City 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. 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, 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
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Ordinance No. ____
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) 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.
(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.
(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.
(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
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Ordinance No. ____
illnesses. For this reason, amendments are necessary for the health and safety of residents and tenants.
(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.
(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.
(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.
(i) The topography of the City includes level lands of sandy soils to varying types of rock found in the foothills and mountains. (j) Amendments to the 2025 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
101.1
101.4
103.4
104.1.1
113.4
110.5
114.4
202 Climatic, Geological and Topographical #2
304.1.3 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
307.6.2 Climatic, Geological and Topographical #1
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Ordinance No. ____
Fire Code Section Findings
307.6.2.1 Climatic, Geological and Topographical #1
308.1.7 Climatic, Geological and Topographical #1
324 Climatic, Geological and Topographical #1
325 Climatic, Geological and Topographical #1
326 Climatic, Geological and Topographical #1
327.1 Climatic, Geological and Topographical #1
327.2 Climatic, Geological and Topographical #1
327.3 Climatic, Geological and Topographical #1
328 Climatic, Geological and Topographical #1
328.1 Climatic, Geological and Topographical #1
328.1.1 Climatic, Geological and Topographical #1
328.2 Climatic, Geological and Topographical #1
328.3 Climatic, Geological and Topographical #1
407.5 Climatic, Geological and Topographical #2
501.1 Climatic, Geological and Topographical #2
503.1.1.1 Climatic
503.1.1.1 Climatic
503.2.3 Climatic
503.2.4 Climatic
503.2.5 Climatic
503.2.9 Climatic
503.2.10 Climatic
503.6 Climatic
506.3 Climatic, Geological and Topographical #2
901.6.1.1 Geological and Topographical #2
903.2 Climatic, Geological and Topographical #2
903.2.1.1 Climatic, Geological and Topographical #2
903.2.1.2 Climatic, Geological and Topographical #2
903.2.1.3 Climatic, Geological and Topographical #2
903.2.1.4 Climatic, Geological and Topographical #2
903.2.1.5 Climatic, Geological and Topographical #2
903.2.3 Climatic, Geological and Topographical #2
903.2.4 Climatic, Geological and Topographical #2
903.2.7 Climatic, Geological and Topographical #2
903.2.9 Climatic, Geological and Topographical #2
903.2.9.1 Climatic, Geological and Topographical #2
903.2.10 Climatic, Geological and Topographical #2
903.2.10.1 Climatic, Geological and Topographical #2
903.2.22 Climatic, Geological and Topographical #2
903.23 Climatic, Geological and Topographical #2
903.3.10 Climatic, Geological and Topographical #2
903.6.1 Climatic, Geological and Topographical #2
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Ordinance No. ____
Fire Code Section Findings
907.2.13 Climatic, Geological and Topographical #2
907.2.19 Climatic, Geological and Topographical #2
914.2.1 Climatic, Geological and Topographical #2
914.3.1 Climatic, Geological and Topographical #2
1103.11 Climatic, Geological and Topographical #1
1201.1.1 Climatic, Geological and Topographical #2
2801.2
5001.5.2 Climatic, Geological and Topographical #2
5003.1.1.1.1 Climatic, Geological and Topographical #2
5608.2 Climatic, Geological and Topographical #2
5608.3 Climatic, Geological and Topographical #2
5614 Geological and Topographical #1
5614.1
5614.2
5615 Climatic
5615.1
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 or without explicit findings noted 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.
(k) 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.
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.
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Ordinance No. ____
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.
8.04.090 California Wildland Urban Interface Code – Adopted.
8.04.100 California Wildland Urban Interface Code – Additions, Amendments, and Deletions.
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.
This chapter, the 2025 California Building Code, including Chapter 1, Appendices C, I, and J; the 2025 California Residential Code, including Appendix AH; the 2025 California Mechanical Code; the 2025 California Plumbing Code, including Appendices A, B, D, G, H, I and K; the 2024 International Property Maintenance Code, including all Appendices; the 2025 California Existing Building Code; the 2025 California Historical Building Code, including Appendix A; the 2025 California Electrical Code, including all Appendices; the 2025 Wildland Urban Interface Code, including all Appendices; the 2025 California Energy Code, including all Appendices; and the 2025 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.
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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 2025 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 5. 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:
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
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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, extensions of time, 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.
Where a permit has expired, a new permit shall be required.
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.
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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.
110.3.13.5 Final. Inspection shall be made after all work has been inspected and complete and the pool is filled with water. 9) Amend subsection 111.2, Certificate issued, item 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, item 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, Means of Appeal – General, to read as follows:
113.1 Membership – Creation. There is created within the city a Building Code Board of Appeals which shall consist of three (3) members who are qualified by experience and training in matters of design and construction of buildings. Members are to be appointed in a manner prescribed in Chapter 2.06, Section 2.06.010, of the Palm Springs Municipal Code and serve at the pleasure of the city council.
113.1.1 Definitions.
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Aggrieved person - Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.
Appellant - Any aggrieved person directly affected by an action who files an appeal.
Board - The Building Code Board of Appeals.
Building Official – Director of the Palm Springs Department of Building and Safety or their designated representative.
City - The City of Palm Springs, California.
Department - The City of Palm Springs Department of Building and Safety, an organization of the city government which under the direction of the Building Official has the responsibility for carrying out and enforcing Title 24 (the California Building Standards Code), and any local amendments to that code.
Officer - An officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, Deputy City Manager, Chief of Police, Fire Chief, Director of Planning, Director of Maintenance/Public Works, or similar officer.
Respondent - The Building Official or Officer who took the action appealed from, and any other Building Official or Officer named as respondent in an appeal.
Title 24 - The California Building Standards Code, which is composed of 12 parts: the California Administrative Code, the California Building Code (volumes 1 and 2), the California Electrical Code, the California Plumbing Code, the California Energy Code, the California Historical Buildings Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code (CALGreen), and the California Reference Standards Code.
113.1.2 Scope of Coverage.
(a) The Board shall hear all appeals in accordance with the procedures contained in section 113.1.9, Building Appeals Hearing Procedures.
(b) The Board is authorized to adopt resolutions and take all actions necessary and proper to carry out the functions of the Board pursuant to this section and this chapter.
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(c) The Board shall recommend reasonable interpretations of Title 24, and other matters that may be referred to the Board by the Building Official.
(d) The Board may recommend minor deviations from the
provisions of Title 24 in the following circumstances:
(1) When the strict application, operation, or enforcement of Title 24 would result in practical difficulty or unnecessary hardship; and
(2) When for the purpose intended, the alternate materials or type of construction proposed is at least equivalent to the requirements of the applicable regulations in quality, strength, effectiveness, fire resistance, and durability, and provides the equivalent level of safety.
(e) The Board may request through the City Manager information, services, facilities, or any other assistance for the purpose of furthering the objectives of this chapter.
(f) The Board may meet with and receive advice from the City Attorney as it or the City Attorney may deem necessary. (g) In lieu of the Board hearing and deciding appeals, the City Manager may, from time to time, designate one or more hearing officers (each, a “Hearing Officer”) to hear and decide such appeals. For example, but not by way of limitation, in the event a quorum of the Board is unable to be established, the City Manager shall have the authority to so designate a Hearing Officer. Whenever a Hearing Officer is designated to hear and decide an appeal, all references in this Chapter to “Board” shall automatically be deemed to refer to “Hearing Officer”. Each Hearing Officer shall be an individual subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the City relating to conflicts of interest. Unless an appellant requests, in writing, to be partially responsible for payment of the costs of the Hearing Officer, the City shall be responsible for payment of the costs of the Hearing Officer. 113.1.3. The Board shall function as the “Local Appeals Board” and “Housing Appeals Board” as specified in Sections 17920.5 and 17920.6, respectively, of Division 13, Part 1.5 of the California Health and Safety Code.
113.1.4 Limitations on authority. An application for appeal shall be based on a claim that the true extent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed.
The board shall not have authority to waive requirements of this code or
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interpret the administration of this code.
113.1.5 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City. 113.1.5.1 Membership – Terms.
(a) Members of the board shall be appointed or removed in accordance with and shall be subject to all the provisions of Chapter 2.06, as that Chapter and its provisions may be amended from time to time. (b) In making appointments to the board of building appeals, the City Council will bear in mind the nature of the board and the special expertise needed to exercise its function. The Council will endeavor to appoint as members people with special expertise in providing due process in the conduct of hearings.
113.1.6 Administration. The Building Official shall take immediate action in accordance with the decision of the Board.
113.1.7 Meetings.
(a) The Board shall meet in the City Hall at such time and day as the board may establish, as frequently as necessary to carry out the purposes of this chapter. The Building Official shall, to the extent practicable, arrange the presence of all three board members at each board meeting.
(b) Two (2) members of the board shall constitute a quorum. Any ruling, decision or other action of the board must be by a majority vote of a full quorum of the board.
(c) It shall be the obligation of the members of the board to attend all meetings. If a member absents themself from three consecutive meetings, or from twenty-five percent of the duly scheduled meetings within any fiscal year, without having been excused from doing so by the board, the Chair shall file a certification with the Building Official that such absences have occurred, and the office of the absent board member shall thereupon automatically become vacant and shall be filled as any other vacancy.
(d) The Building Official shall not schedule a board meeting unless at least two (2) board members confirm their availability to attend the board meeting.
(e) In the event that the Building Official cannot schedule a timely meeting for the board to consider an appeal, within forty-five days after the filing of the notice of that appeal, the City Manager shall designate a Hearing Officer to hear the appeal.
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113.1.8 Building appeals – Filing and notice procedures. (a) A person aggrieved by an action taken by the Department of Building and Safety, as provided in section 113.1.2, Scope of Coverage, may appeal the action to the board by filing with the Building Official a written notice of appeal within ten days of the action. The notice of 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 payment to the Department of Building and Safety an appeal fee, as established or amended time to time by resolution of the City Council.
(b) The notice required by subsection (a) of this section, shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen days following the date of the action which is the subject of the appeal. The Building Official shall furnish a copy of the appeal to the respondent within five days after filing. (c) The Building Official, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the board. The appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits.
(d) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the Building Official to the appellant, respondent, and all other persons, if any, to whom notice of the initial application or action was required, not less than ten days prior to the hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in a similar manner.
(e) After an appeal has been initiated, a cross-appeal may be brought by any person who would otherwise have had standing to appeal the subject action or decision. The cross-appellant shall file a written notice of cross-appeal with the Building Official stating cross-appellant’s full name and mailing address, the specific action appealed from, the grounds for the cross-appeal and the relief sought. Such notice shall be filed no later than five days prior to the hearing except for good cause shown to the satisfaction of the board. The failure to give notice of the hearing to any person who would qualify to file a cross-appeal shall not invalidate any action of the board.
(f) Unless the notice of appeal names some other respondent, the staff member of the Department of Building and Safety which took the action or made the decision being appealed shall be designated the “respondent.”
113.1.9 Building appeals hearing procedures.
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(a) Three members shall constitute a quorum for the purpose of conducting a hearing on any appeal, provided that no board member may vote on the decision if absent from a part of the hearing unless such board member certifies that he or she listened to or read the transcript, if any, of the entire proceedings.
(b) All hearings shall be open to the public.
(c) In any hearing conducted by the board, it shall have the power to examine witnesses and compel their attendance for the production of evidence by subpoenas issued under the authority of the City Council and attested by the Building Official. The Chair may issue subpoenas on behalf of the Board under the authority of the City Council. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to issue, and such subpoena is approved by the City Council. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the Council.
(d) The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the board shall not be invalidated by any informality in the proceedings, and the board shall not be bound by technical rules of evidence.
(e) The presiding officer shall rule on the admission or exclusion of evidence with the assistance of the legal advisor to the Board. (f) All parties shall have the right to be heard by the Board either in person or by counsel.
(g) No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the board. (h) The board shall determine relevancy, weight and credibility of testimony and evidence. It shall base its findings on the preponderance of
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the evidence.
(i) The Board, prior to or during a hearing, may grant a continuance for any reason it believes to be important to its reaching a fair and proper decision.
(j) The Board, after it concludes the hearing, may deliberate its decision in closed session if permitted by the Brown Act. Members of the board may request the attendance of the Board’s legal counsel to a discussion held in closed or open session solely for the purpose of rendering legal advice to the commission.
113.1.10 Determinations made by the board.
(a) The Board shall render its decision in accordance with the provisions of this chapter.
(b) The Board shall render its decision consistent with applicable law and all ordinances of this city even in situations in which the board disagrees with the applicable law and/or ordinances. After rendering its decision, in any matter in which the Board believes changes are appropriate, the board may submit to the City Council and Building Official any recommendations that the order, decision or determination made by department and officer be changed.
(c) The Board’s decision shall be in writing and shall set forth the board’s findings of fact and conclusions.
(d) The Board shall render its decision within fifteen days following the conclusion of the hearing of the appeal. Upon finding good cause to do so, the board may extend the time for rendering its decision up to ninety days.
(e) No later than five days following the rendering of the board’s decision, the Building Official shall mail or otherwise deliver a copy of said decision to each party who appeared during the proceedings, or who requested to be furnished a copy of the decision. Failure of the Building Official to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision. (f) The Board’s decision shall constitute final action and be effective on the date on which the decision is rendered. 113.1.11 Disposition report.
The Board shall file with the city council a written report on each decision of the board not later than five days following the rendering of the board’s decision. The disposition report shall include any recommendations to the department which the board believes are in order to assist the department in future enforcement actions.
12) Amend section 202, Definitions, by adding the following definition:
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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.
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.
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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.
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.
18) 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.
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
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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.
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.
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24) Amend subsection 903.2.10, Group S-2 enclosed parking garages, to read as follows:
903.2.10 Group S-2 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:
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:
903.3.10 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:
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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 907.2.13, High-rise buildings, to read as follows:
907.2.13 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. 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:
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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.
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
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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.
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.
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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 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 2025 California Residential Code, California Code of Regulations Title 24, Part 2.5, including Chapter 1 and Appendix BF, 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
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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 R325, Light, Ventilation and Heating to read as follows:
R325 Light, Ventilation, Heating and Air Conditioning
2) Add new subsection R325.10, Required air conditioning, to read as follows:
R325.10 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms. 3) Add new subsection R309.1.2, Townhouse increased square footage, to read as follows:
R309.1.2 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 R309.2.2, Increased square footage, to read as follows:
R309.2.2 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
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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 2025 California Mechanical Code, 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 2025 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
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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 2024 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.
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
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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 2025 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.
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 2025 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 2025 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.
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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 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)(1)(2)(a), Ambient Temperature in Exposed Attic or Unconditioned Spaces, to read as follows:
310.15(B)(1)(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 2025 California Energy Code, California Code of Regulations Title 24, Part 6, including all appendices, tables
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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 2025 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 et seq. of the California Government Code.
SECTION 20. Section 08.04.090 of the Palm Springs Municipal Code is hereby added to read as follows:
8.04.090 California Wildland-Urban Interface 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 2025 California Building Code, California Code of Regulations Title 24, Part 7, 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 et seq. of the California Government Code.
SECTION 21. Section 8.04.100 of the Palm Springs Municipal Code is hereby added to read as follows:
8.04.100 California Wildland-Urban Interface Code—Additions, Amendments and Deletions.
The California Wildland-Urban Interface 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:
1) Add subsection 603.5 Requirements, to read as follows:
603.5 Additional Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations:
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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).
2) Add subsection 602.3.3, Fuel Modification Requirements for New Construction, to read as follows:
602.3.3 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.
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.”
a. 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.
SECTION 22. 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 Building Code Board of Appeals shall serve as the Local Appeals Board and Housing Appeals Board, and the Building Code Board of Appeals’ authority to hear appeals shall be the same as cited in each of the uniform codes adopted
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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 23. Article VI of Chapter 8.04 of the Palm Springs Municipal Code is hereby amended and restated as follows:
Article VI
Fire Code
Section:
8.04.500 California Fire Code—Adopted.
8.04.510 California Fire Code—Additions, Amendments and Deletions.
SECTION 24. 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 2025 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 25. 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 Requirement is adopted in its entirety, with the exception of Section 109, and with the following amendments:
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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 section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
4) Add subsection 103.4., Liability, to read as follows:
103.4 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) Add Section 104.1.1, Electronic Submittal of Fire Protection System Reports, as follows:
104.1.1. Electronic Submittal of Fire Protection System Reports The Fire Code Official is authorized to require the electronic submittal of all inspection, testing, and maintenance (ITM) reports for fire protection systems through a third-party compliance reporting system approved by the Fire Department. The purpose of this requirement is to enhance code enforcement, improve public safety, and ensure timely tracking of system performance in accordance with the California Fire Code.
The designated reporting system for the City of Palm Springs shall be The Compliance Engine (TCE), operated by Brycer, LLC, or any successor system approved by the Fire Code Official.
This requirement shall apply to the following fire protection and life safety systems:
Automatic fire sprinkler systems
Fire alarm systems
Standpipe systems
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Fire pumps
Commercial kitchen hood suppression systems
Special hazard fire suppression systems
Emergency power generators
Licensed contractors conducting required inspections, tests, or maintenance on the above systems shall:
Register with The Compliance Engine;
Submit all compliant and non-compliant reports electronically within 30 days of service;
Submit deficiency correction reports upon completion of repairs.
Submittal fees may be charged as established in the Palm Springs Fire Department fee schedule. Failure to comply with this section may result in enforcement action pursuant to the California Fire Code and the Palm Springs Municipal Code.
5) Amend subsection 113.4, Violation Penalties, to read as follows:
113.4 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 113.4.1.2, Infraction and Misdemeanor, to read as follows:
113.4.1.2 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.
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7) Amend subsection 112.4, Failure to comply, to read as follows:
114.4 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:
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 P.
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 burn solid fuel in accordance with California Building Code Chapter 28.
10) Chapter 3 General Requirements is adopted 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 304.1.3, Vegetation, to read as follows:
304.1.3 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.”
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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:
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 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 Group 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
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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 Liquefied Petroleum 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.
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 308.1.5, Open-Flame Devices in Wildfire Risk Areas.
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20) Amend subsection 308.1.7, Sky Lanterns, to read as follows:
308.1.7 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) Add new section 324, Fuel Modification Requirements for New Construction, to read as follows:
Section 324 Fuel Modification Requirements for New Construction 324.1 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of PSFD Appendix S “Vegetation Management in Very High Fire Hazard Severity Zones.”
24) Add new section 325, Clearance of Brush or Vegetation Growth from Roadways, to read as follows:
Section 325 Clearance of Brush or Vegetation Growth from Roadways 325.1 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.
25) Add new section 326, Unusual Circumstances, to read as follows:
Section 326 Unusual circumstances
326 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
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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. 26) Add new section 327 Use of Equipment, to read as follows:
Section 327 Use of Equipment
327.1 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.
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.
27) Add new subsection 327.2, Use of Equipment and Devices Generating Heat, Sparks or Open Flames, to read as follows:
327.2 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
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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. 28) Add new subsection 327.3, Spark Arresters, to read as follows:
327.3 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. 29) Add new section 328 , Parade Floats, to read as follows:
Section 328 Parade Floats
328.1 Decorative Materials. Decorative materials on parade floats shall be non-combustible or flame retardant.
328.1.1 Combustible Clearance. A 12” minimum clearance of decorative materials shall be maintained around vehicle and/or generator exhaust pipe(s).
328.2 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.
328.3 Portable Generators. Portable generators shall be secured from tipping and subject to approval by the Fire Code Official. 30) Chapter 4: Emergency Planning and Preparedness. Adopt only the sections, subsections, and amendment listed below:
31) Adopt only the following sections and subsections in Chapter 4, Emergency planning and preparedness:
401-401.9
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402
403.2
403.5-403.5.4
403.10.2.1.1
403.13.3
407
32) 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.
33) Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:
34) 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.”
35) Add new subsection 503.1.1.1, Gates, to read as follows:
503.1.1.1 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.
36) 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.
37) Amend subsection 503.2.4, Turning Radius, to read as follows:
503.2.4 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.
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38) Amend subsection 503.2.5, Dead Ends, to read as follows:
503.2.5 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. 39) 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.
40) 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.
41) 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.
42) 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.
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.
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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.
43) 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.
44) 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. 45) Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:
46) 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. 47) 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.
Exceptions: (1) Group U Occupancies of non-combustible
construction; and (2) Group S-2 carports – 100% open on all sides
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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.
48) Delete subsection 903.2.1.1, Group A-1.
49) 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.
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.
50) Delete subsection 903.2.1.3 Group A-3.
51) Delete subsection 903.2.1.4 Group A-4.
52) Delete subsection 903.2.1.5 Group A-5.
53) 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
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area.
54) 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. 55) 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.
56) 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.
57) 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.
5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal powered vehicles where the fire area exceeds 500 square feet
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(46.4 m2).
58) 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.
5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal powered vehicles where the fire area exceeds 500 square feet (46.4 m2).
59) Amend subsection 903.2.10, Group S-2 Parking Garages, to read as follows:
903.2.10 Group S-2 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. 60) 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.
61) Add new subsection 903.2.22, Group B, to read as follows. 903.2.22 Group B. An automatic sprinkler system shall be provided throughout all new buildings containing a Group B occupancy that exceeds 3,000 square feet.
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62) Add new subsection 903.2.23, Group F-2, to read as follows:
903.2.23 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.
63) Amend subsection 903.3.10, Floor Control Valves, to read as follows:
903.3.10 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.
64) 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. 65) Amend subsection 907.2.13, High-Rise Buildings and Group I-2 Occupancies Having Occupied Flores Located More Than 75 Feet Above the Lowest Level of Fire Department Vehicle Access, to read as follows:
907.2.13 High-Rise Buildings and Group I-2 Occupancies Having Occupied Flores Located More Than 75 Feet Above the Lowest Level of Fire Department Vehicle Access. 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 907.2.13.1 and emergency voice/alarm communication systems in accordance with Section 907.5.2.2. 66) Amend subsection 907.2.19, Deep Underground Buildings, to read as follows:
907.2.19 Deep Underground Buildings. All underground buildings shall be equipped throughout with a manual fire alarm system, including an
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emergency voice/alarm communication system installed in accordance with section 907.5.2.2.
67) Delete “Exception” to subsection 914.2.1, Automatic Sprinkler System. 68) Delete “Exception” to subsection 914.3.1 Automatic Sprinkler System. 69) Adopt Chapter 10 Means of Egress in its entirety without amendments. 70) Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections listed below and with the following amendments:
71) Adopt only those sections and subsections as listed below and with the following amendments in Chapter 11, Construction requirements for existing buildings:
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
72) 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. 73) Chapter 12 Energy Systems is adopted in its entirety with the following amendment added:
74) 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
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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. 75) Adopt Chapter 20 Aviation Facilities, Chapter 21 Dry Cleaning, Chapter 22 Combustible Dust-Producing Operations, Chapter 23 Motor FuelDispensing 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 High-Piled 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, Chapter 40 Storage of Distilled Spirits and Wines, Chapter 41 Temporary Heating and Cooking Operations, and Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations in their entirety without amendments. 76) Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendment listed below:
77) 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.
78) Chapter 50 Hazardous Materials - General Provisions is adopted in its entirety with the following amendments:
79) 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.
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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.
80) 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. 81) Adopt Chapter 51 Aerosols, Chapter 53 Compressed Gases, Chapter 54 Corrosive Materials, and Chapter 55 Cryogenic Fluids in their entirety without amendments.
82) Chapter 56 Explosives and Fireworks is adopted in its entirety with the following amendments:
83) 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.
84) 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 75 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.
85) 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
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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.
86) 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.
87) Chapter 57 Flammable and Combustible Liquids is adopted in its entirety with the following amendments:
88) 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.
89) 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 Water-Reactive Solids and Liquids, and Chapter 80 Referenced Standards in their entirety without amendments. 90) Appendix B is adopted in its entirety with the following amendments:
91) Amend subsection B101.1, Scope, of Appendix B, to read as follows:
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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.
92) Add Appendix “P”, Palm Springs Fire Department Five Minute Response Time Map.
93) Add Appendix “Q”, City of Palm Springs Very High Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire.
94) Add Appendix “S”, Vegetation Management in Very High Fire Hazard Severity Zones.
Add Appendix “T”, Palm Springs Fire Department Development Requirements
SECTION 26. EXEMPTION FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT. The City Council finds that the amendments to the Municipal Code, made pursuant to this Urgency 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 27. EFFECTIVE DATE. The unamended California Building Standards Code, 2025 Edition, will become effective within the City on January 1, 2026. The City is currently in the process of adopting, with local amendments by regular ordinance, the California Building Standards Code, 2025 Edition. Such regular ordinance will not be effective by January 1, 2026. To ensure that the amendments are in effect from the effective date of the California Building Standards Code through the effective date of the City’s regular ordinance, the City Council wishes to adopt this Urgency Ordinance. The City Council finds that this Urgency Ordinance is necessary to promote the immediate preservation of the public peace, health, and safety by ensuring that the California Building Standards Code and the City’s amendments to this code are effective upon the effective date of the amended California Building Standards Code. Therefore, this Ordinance
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shall take effect immediately upon enactment.
SECTION 28. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Palm Springs.
SECTION 29. 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 __________, 2025.
NAOMI SOTO, MAYOR
ATTEST:
BRENDA PREE, CITY CLERK
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Ordinance No. ____
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 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
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ATTACHMENT B
Draft Regular Ordinance
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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 2025 CALIFORNIA
BUILDING CODE, INCLUDING CHAPTER 1, APPENDICES C, I,
AND J; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING
APPENDIX AH; THE 2025 CALIFORNIA MECHANICAL CODE;
THE 2025 CALIFORNIA FIRE CODE, INCLUDING APPENDIX B;
THE 2025 CALIFORNIA PLUMBING CODE, INCLUDING
APPENDICES A, B, D, G, H, I AND K; THE 2025 CALIFORNIA
EXISTING BUILDING CODE; THE 2025 CALIFORNIA
HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE
2025 CALIFORNIA ELECTRICAL CODE, INCLUDING ALL
APPENDICES; THE 2025 WILDLAND-URBAN INTERFACE CODE,
INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA ENERGY
CODE, INCLUDING ALL APPENDICES; THE 2025 CALIFORNIA
GREEN BUILDING STANDARDS CODE; AND THE 2024
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 2025 Building Standards Code, Title 24 California Code of Regulations, which includes the California Building, Residential, Fire, Mechanical, Plumbing, Existing Building, Historical Building, Electrical, Wildland-Urban Interface, Energy, and the Green Building Standards Codes (Parts 2, 2.5, 4, 5, 7, 9, 10, 8, 3, 6 and 11 respectively). In addition, this Ordinance adopts the 2024 International Property Maintenance Code, and 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 California 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
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Code, as provided in Title 24 of the California Code of Regulations and other codes, including, without limitation, the California Building, Residential, Fire Mechanical, Plumbing, Existing Building, Historical Building, Electrical, WildlandUrban Interface (“WUI”), Energy and the Green Building Standards Codes, in addition the 2024 International Property Maintenance Code (collectively, the “Uniform Codes”).
WHEREAS, on January 1, 2026, the California Building Standards Commission (“Commission”) will adopt the 2025 Edition of the California Building 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 2025 California Building Standards Code; and WHEREAS, the City’s Director of Building & Safety 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 Director of Building & Safety 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 Council has carefully reviewed and considered all of
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the evidence presented in connection with the hearing on this proposed Ordinance, including, but not limited to, the staff report, and all written and oral testimony presented; and
WHEREAS, the City Council finds that approval of this Ordinance would accomplish the following:
1. Update the City’s Municipal Code to codify and align with the updated 2025 California Building Standards Code, and eliminate conflicting provisions.
2. Ensure that the proper authorities are designated to hear and decide matters related to building code and housing appeals.
3. Allow for City specific amendments of the California Building Standards Code to be properly implemented before general enactment of the standard provisions occurs on January 1,2026.
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 2025 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 2025 California Building Standards Code made herein in this Ordinance:
(a) The City 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. 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, 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
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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) 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.
(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.
(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.
(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.
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(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.
(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.
(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.
(i) The topography of the City includes level lands of sandy soils to varying types of rock found in the foothills and mountains. (j) Amendments to the 2025 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
101.1
101.4
103.4
104.1.1
113.4
110.5
114.4
202 Climatic, Geological and Topographical #2
304.1.3 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
307.6.2 Climatic, Geological and Topographical #1
307.6.2.1 Climatic, Geological and Topographical #1
308.1.7 Climatic, Geological and Topographical #1
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Fire Code Section Findings
324 Climatic, Geological and Topographical #1
325 Climatic, Geological and Topographical #1
326 Climatic, Geological and Topographical #1
327.1 Climatic, Geological and Topographical #1
327.2 Climatic, Geological and Topographical #1
327.3 Climatic, Geological and Topographical #1
328 Climatic, Geological and Topographical #1
328.1 Climatic, Geological and Topographical #1
328.1.1 Climatic, Geological and Topographical #1
328.2 Climatic, Geological and Topographical #1
328.3 Climatic, Geological and Topographical #1
407.5 Climatic, Geological and Topographical #2
501.1 Climatic, Geological and Topographical #2
503.1.1.1 Climatic
503.1.1.1 Climatic
503.2.3 Climatic
503.2.4 Climatic
503.2.5 Climatic
503.2.9 Climatic
503.2.10 Climatic
503.6 Climatic
506.3 Climatic, Geological and Topographical #2
901.6.1.1 Geological and Topographical #2
903.2 Climatic, Geological and Topographical #2
903.2.1.1 Climatic, Geological and Topographical #2
903.2.1.2 Climatic, Geological and Topographical #2
903.2.1.3 Climatic, Geological and Topographical #2
903.2.1.4 Climatic, Geological and Topographical #2
903.2.1.5 Climatic, Geological and Topographical #2
903.2.3 Climatic, Geological and Topographical #2
903.2.4 Climatic, Geological and Topographical #2
903.2.7 Climatic, Geological and Topographical #2
903.2.9 Climatic, Geological and Topographical #2
903.2.9.1 Climatic, Geological and Topographical #2
903.2.10 Climatic, Geological and Topographical #2
903.2.10.1 Climatic, Geological and Topographical #2
903.2.22 Climatic, Geological and Topographical #2
903.23 Climatic, Geological and Topographical #2
903.3.10 Climatic, Geological and Topographical #2
903.6.1 Climatic, Geological and Topographical #2
907.2.13 Climatic, Geological and Topographical #2
907.2.19 Climatic, Geological and Topographical #2
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Fire Code Section Findings
914.2.1 Climatic, Geological and Topographical #2
914.3.1 Climatic, Geological and Topographical #2
1103.11 Climatic, Geological and Topographical #1
1201.1.1 Climatic, Geological and Topographical #2
2801.2
5001.5.2 Climatic, Geological and Topographical #2
5003.1.1.1.1 Climatic, Geological and Topographical #2
5608.2 Climatic, Geological and Topographical #2
5608.3 Climatic, Geological and Topographical #2
5614 Geological and Topographical #1
5614.1
5614.2
5615 Climatic
5615.1
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 or without explicit findings noted 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.
(k) 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.
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
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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.
8.04.090 California Wildland Urban Interface Code – Adopted.
8.04.100 California Wildland Urban Interface Code – Additions, Amendments, and Deletions.
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.
This chapter, the 2025 California Building Code, including Chapter 1, Appendices C, I, and J; the 2025 California Residential Code, including Appendix AH; the 2025 California Mechanical Code; the 2025 California Plumbing Code, including Appendices A, B, D, G, H, I and K; the 2024 International Property Maintenance Code, including all Appendices; the 2025 California Existing Building Code; the 2025 California Historical Building Code, including Appendix A; the 2025 California Electrical Code, including all Appendices; the 2025 Wildland Urban Interface Code, including all Appendices; the 2025 California Energy Code, including all Appendices; and the 2025 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
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of the City Clerk, being marked and designated as the 2025 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 5. 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:
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
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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, extensions of time, 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.
Where a permit has expired, a new permit shall be required.
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:
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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.
110.3.13.5 Final. Inspection shall be made after all work has been inspected and complete and the pool is filled with water. 9) Amend subsection 111.2, Certificate issued, item 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, item 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, Means of Appeal – General, to read as follows:
113.1 Membership – Creation. There is created within the city a Building Code Board of Appeals which shall consist of three (3) members who are qualified by experience and training in matters of design and construction of buildings. Members are to be appointed in a manner prescribed in Chapter 2.06, Section 2.06.010, of the Palm Springs Municipal Code and serve at the pleasure of the city council.
113.1.1 Definitions.
Aggrieved person - Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a
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substantial burden or obligation is imposed by the action or decision appealed from.
Appellant - Any aggrieved person directly affected by an action who files an appeal.
Board - The Building Code Board of Appeals.
Building Official – Director of the Palm Springs Department of Building and Safety or their designated representative.
City - The City of Palm Springs, California.
Department - The City of Palm Springs Department of Building and Safety, an organization of the city government which under the direction of the Building Official has the responsibility for carrying out and enforcing Title 24 (the California Building Standards Code), and any local amendments to that code.
Officer - An officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, Deputy City Manager, Chief of Police, Fire Chief, Director of Planning, Director of Maintenance/Public Works, or similar officer.
Respondent - The Building Official or Officer who took the action appealed from, and any other Building Official or Officer named as respondent in an appeal.
Title 24 - The California Building Standards Code, which is composed of 12 parts: the California Administrative Code, the California Building Code (volumes 1 and 2), the California Electrical Code, the California Plumbing Code, the California Energy Code, the California Historical Buildings Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code (CALGreen), and the California Reference Standards Code.
113.1.2 Scope of Coverage.
(a) The Board shall hear all appeals in accordance with the procedures contained in section 113.1.9, Building Appeals Hearing Procedures.
(b) The Board is authorized to adopt resolutions and take all actions necessary and proper to carry out the functions of the Board pursuant to this section and this chapter.
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(c) The Board shall recommend reasonable interpretations of Title 24, and other matters that may be referred to the Board by the Building Official.
(d) The Board may recommend minor deviations from the
provisions of Title 24 in the following circumstances:
(1) When the strict application, operation, or enforcement of Title 24 would result in practical difficulty or unnecessary hardship; and
(2) When for the purpose intended, the alternate materials or type of construction proposed is at least equivalent to the requirements of the applicable regulations in quality, strength, effectiveness, fire resistance, and durability, and provides the equivalent level of safety.
(e) The Board may request through the City Manager information, services, facilities, or any other assistance for the purpose of furthering the objectives of this chapter.
(f) The Board may meet with and receive advice from the City Attorney as it or the City Attorney may deem necessary. (g) In lieu of the Board hearing and deciding appeals, the City Manager may, from time to time, designate one or more hearing officers (each, a “Hearing Officer”) to hear and decide such appeals. For example, but not by way of limitation, in the event a quorum of the Board is unable to be established, the City Manager shall have the authority to so designate a Hearing Officer. Whenever a Hearing Officer is designated to hear and decide an appeal, all references in this Chapter to “Board” shall automatically be deemed to refer to “Hearing Officer”. Each Hearing Officer shall be an individual subject to the provisions of the Political Reform Act of 1974 and all other laws, ordinances, or regulations of the state or the City relating to conflicts of interest. Unless an appellant requests, in writing, to be partially responsible for payment of the costs of the Hearing Officer, the City shall be responsible for payment of the costs of the Hearing Officer. 113.1.3. The Board shall function as the “Local Appeals Board” and “Housing Appeals Board” as specified in Sections 17920.5 and 17920.6, respectively, of Division 13, Part 1.5 of the California Health and Safety Code.
113.1.4 Limitations on authority. An application for appeal shall be based on a claim that the true extent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed.
The board shall not have authority to waive requirements of this code or interpret the administration of this code.
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113.1.5 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the City. 113.1.5.1 Membership – Terms.
(a) Members of the board shall be appointed or removed in accordance with and shall be subject to all the provisions of Chapter 2.06, as that Chapter and its provisions may be amended from time to time. (b) In making appointments to the board of building appeals, the City Council will bear in mind the nature of the board and the special expertise needed to exercise its function. The Council will endeavor to appoint as members people with special expertise in providing due process in the conduct of hearings.
113.1.6 Administration. The Building Official shall take immediate action in accordance with the decision of the Board.
113.1.7 Meetings.
(a) The Board shall meet in the City Hall at such time and day as the board may establish, as frequently as necessary to carry out the purposes of this chapter. The Building Official shall, to the extent practicable, arrange the presence of all three board members at each board meeting.
(b) Two (2) members of the board shall constitute a quorum. Any ruling, decision or other action of the board must be by a majority vote of a full quorum of the board.
(c) It shall be the obligation of the members of the board to attend all meetings. If a member absents themself from three consecutive meetings, or from twenty-five percent of the duly scheduled meetings within any fiscal year, without having been excused from doing so by the board, the Chair shall file a certification with the Building Official that such absences have occurred, and the office of the absent board member shall thereupon automatically become vacant and shall be filled as any other vacancy.
(d) The Building Official shall not schedule a board meeting unless at least two (2) board members confirm their availability to attend the board meeting.
(e) In the event that the Building Official cannot schedule a timely meeting for the board to consider an appeal, within forty-five days after the filing of the notice of that appeal, the City Manager shall designate a Hearing Officer to hear the appeal.
113.1.8 Building appeals – Filing and notice procedures.
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(a) A person aggrieved by an action taken by the Department of Building and Safety, as provided in section 113.1.2, Scope of Coverage, may appeal the action to the board by filing with the Building Official a written notice of appeal within ten days of the action. The notice of 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 payment to the Department of Building and Safety an appeal fee, as established or amended time to time by resolution of the City Council.
(b) The notice required by subsection (a) of this section, shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing and/or none is required, no later than fifteen days following the date of the action which is the subject of the appeal. The Building Official shall furnish a copy of the appeal to the respondent within five days after filing. (c) The Building Official, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the board. The appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits.
(d) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the Building Official to the appellant, respondent, and all other persons, if any, to whom notice of the initial application or action was required, not less than ten days prior to the hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in a similar manner.
(e) After an appeal has been initiated, a cross-appeal may be brought by any person who would otherwise have had standing to appeal the subject action or decision. The cross-appellant shall file a written notice of cross-appeal with the Building Official stating cross-appellant’s full name and mailing address, the specific action appealed from, the grounds for the cross-appeal and the relief sought. Such notice shall be filed no later than five days prior to the hearing except for good cause shown to the satisfaction of the board. The failure to give notice of the hearing to any person who would qualify to file a cross-appeal shall not invalidate any action of the board.
(f) Unless the notice of appeal names some other respondent, the staff member of the Department of Building and Safety which took the action or made the decision being appealed shall be designated the “respondent.”
113.1.9 Building appeals hearing procedures.
(a) Three members shall constitute a quorum for the purpose of conducting a hearing on any appeal, provided that no board member may
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vote on the decision if absent from a part of the hearing unless such board member certifies that he or she listened to or read the transcript, if any, of the entire proceedings.
(b) All hearings shall be open to the public.
(c) In any hearing conducted by the board, it shall have the power to examine witnesses and compel their attendance for the production of evidence by subpoenas issued under the authority of the City Council and attested by the Building Official. The Chair may issue subpoenas on behalf of the Board under the authority of the City Council. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to issue, and such subpoena is approved by the City Council. It shall be the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena shall subject the person to prosecution in the same manner set forth by law for failure to appear before the council in response to a subpoena issued by the Council.
(d) The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded. Decisions made by the board shall not be invalidated by any informality in the proceedings, and the board shall not be bound by technical rules of evidence.
(e) The presiding officer shall rule on the admission or exclusion of evidence with the assistance of the legal advisor to the Board. (f) All parties shall have the right to be heard by the Board either in person or by counsel.
(g) No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the board. (h) The board shall determine relevancy, weight and credibility of testimony and evidence. It shall base its findings on the preponderance of the evidence.
(i) The Board, prior to or during a hearing, may grant a
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continuance for any reason it believes to be important to its reaching a fair and proper decision.
(j) The Board, after it concludes the hearing, may deliberate its decision in closed session if permitted by the Brown Act. Members of the board may request the attendance of the Board’s legal counsel to a discussion held in closed or open session solely for the purpose of rendering legal advice to the commission.
113.1.10 Determinations made by the board.
(a) The Board shall render its decision in accordance with the provisions of this chapter.
(b) The Board shall render its decision consistent with applicable law and all ordinances of this city even in situations in which the board disagrees with the applicable law and/or ordinances. After rendering its decision, in any matter in which the Board believes changes are appropriate, the board may submit to the City Council and Building Official any recommendations that the order, decision or determination made by department and officer be changed.
(c) The Board’s decision shall be in writing and shall set forth the board’s findings of fact and conclusions.
(d) The Board shall render its decision within fifteen days following the conclusion of the hearing of the appeal. Upon finding good cause to do so, the board may extend the time for rendering its decision up to ninety days.
(e) No later than five days following the rendering of the board’s decision, the Building Official shall mail or otherwise deliver a copy of said decision to each party who appeared during the proceedings, or who requested to be furnished a copy of the decision. Failure of the Building Official to mail or deliver a copy of the decision to each party or to any party shall not affect the finality or effectiveness of the decision. (f) The Board’s decision shall constitute final action and be effective on the date on which the decision is rendered. 113.1.11 Disposition report.
The Board shall file with the city council a written report on each decision of the board not later than five days following the rendering of the board’s decision. The disposition report shall include any recommendations to the department which the board believes are in order to assist the department in future enforcement actions.
12) Amend section 202, Definitions, by adding the following definition:
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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.
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.
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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.
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.
18) 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.
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
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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.
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.
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24) Amend subsection 903.2.10, Group S-2 enclosed parking garages, to read as follows:
903.2.10 Group S-2 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:
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:
903.3.10 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:
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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 907.2.13, High-rise buildings, to read as follows:
907.2.13 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. 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:
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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.
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
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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.
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.
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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 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.
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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 2025 California Residential Code, California Code of Regulations Title 24, Part 2.5, including Chapter 1 and Appendix BF, 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 R325, Light, Ventilation and Heating to read as follows:
R325 Light, Ventilation, Heating and Air Conditioning
2) Add new subsection R325.10, Required air conditioning, to read as follows:
R325.10 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms. 3) Add new subsection R309.1.2, Townhouse increased square footage, to read as follows:
R309.1.2 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
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these occupancies shall be determined based on California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings. 4) Add new subsection R309.2.2, Increased square footage, to read as follows:
R309.2.2 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 2025 California Mechanical Code, 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.
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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 2025 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 2024 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.
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:
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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 2025 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.
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 2025 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:
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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 2025 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 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)(1)(2)(a), Ambient Temperature in Exposed Attic or Unconditioned Spaces, to read as follows:
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310.15(B)(1)(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 2025 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 2025 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 et seq. of the California Government Code.
SECTION 20. Section 08.04.090 of the Palm Springs Municipal Code is hereby added to read as follows:
8.04.090 California Wildland-Urban Interface 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 2025 California Building Code, California Code of Regulations Title 24, Part 7, 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 et seq. of the California Government Code.
SECTION 21. Section 8.04.100 of the Palm Springs Municipal Code is hereby added to read as follows:
8.04.100 California Wildland-Urban Interface Code—Additions, Amendments
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and Deletions.
The California Wildland-Urban Interface 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:
1) Add subsection 603.5 Requirements, to read as follows:
603.5 Additional 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).
2) Add subsection 602.3.3, Fuel Modification Requirements for New Construction, to read as follows:
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602.3.3 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.
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.”
a. 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.
SECTION 22. 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 Building Code Board of Appeals shall serve as the Local Appeals Board and Housing Appeals Board, and the Building Code Board of Appeals’ 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
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city council.
SECTION 23. Article VI of Chapter 8.04 of the Palm Springs Municipal Code is hereby amended and restated as follows:
Article VI
Fire Code
Section:
8.04.500 California Fire Code—Adopted.
8.04.510 California Fire Code—Additions, Amendments and Deletions.
SECTION 24. 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 2025 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 25. 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 Requirement is adopted 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
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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 section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
4) Add subsection 103.4., Liability, to read as follows:
103.4 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) Add Section 104.1.1, Electronic Submittal of Fire Protection System Reports, as follows:
104.1.1. Electronic Submittal of Fire Protection System Reports The Fire Code Official is authorized to require the electronic submittal of all inspection, testing, and maintenance (ITM) reports for fire protection systems through a third-party compliance reporting system approved by the Fire Department. The purpose of this requirement is to enhance code enforcement, improve public safety, and ensure timely tracking of system performance in accordance with the California Fire Code.
The designated reporting system for the City of Palm Springs shall be The Compliance Engine (TCE), operated by Brycer, LLC, or any successor system approved by the Fire Code Official.
This requirement shall apply to the following fire protection and life safety systems:
Automatic fire sprinkler systems
Fire alarm systems
Standpipe systems
Fire pumps
Commercial kitchen hood suppression systems
Special hazard fire suppression systems
Emergency power generators
Licensed contractors conducting required inspections, tests, or maintenance on the above systems shall:
Register with The Compliance Engine;
Submit all compliant and non-compliant reports electronically within 30 days
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of service;
Submit deficiency correction reports upon completion of repairs.
Submittal fees may be charged as established in the Palm Springs Fire Department fee schedule. Failure to comply with this section may result in enforcement action pursuant to the California Fire Code and the Palm Springs Municipal Code.
5) Amend subsection 113.4, Violation Penalties, to read as follows:
113.4 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 113.4.1.2, Infraction and Misdemeanor, to read as follows:
113.4.1.2 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:
114.4 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:
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
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paved streets. The Palm Springs Fire Department Five-Minute Response Time Map is identified in Appendix P.
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 burn solid fuel in accordance with California Building Code Chapter 28.
10) Chapter 3 General Requirements is adopted 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 304.1.3, Vegetation, to read as follows:
304.1.3 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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