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Agenda packet

Palm Springs City Council
January 14, 2026

Document
Agenda packet
Meeting
January 14, 2026
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Palm Springs City Council
Pages
57
Original file
127.6 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

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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WHEREAS, the City Council has carefully reviewed and considered all of 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.

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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 the date of filing, unless such application has been pursued in good faith or

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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

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pursuant to this section and this chapter.
(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.

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The board shall not have authority to waive requirements of this code or 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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FIRE DEPARTMENT 5:00-MINUTE FIRST DUE ENGINE TRAVEL TIME.

The Fire Department Response Time is defined as the time the fire station or response personnel received notification of a call for emergency service, allowing two minutes for “firefighter turnout” and five minutes for travel on paved streets. The Plam Springs Fire Department Five-Minute Response Time Map is identified in Appendix P.
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.

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34) Amend subsection 1511.1, General, to read as follows:
1511.1 General. The provisions of this section shall govern the construction of rooftop structures. All rooftop equipment, unless exempted by the Building Official, shall be provided with an approved six (6) inch high platform equipped with a sheet metal cover. Design of the platform shall be as per City detail or approved equal.
35) Amend subsection 3109.1, General, to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the California Codes.
36) Add subsection 3109.2.1, Drowning prevention safety features, to read as follows:
3109.2.1 Drowning prevention safety features. Under section 115922, number (1) shall be required plus one of the other remaining six drowning prevention features.
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 these occupancies shall be determined based on California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings.

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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:
602.1 Facilities required. Heating and air conditioning facilities shall be

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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:

08.04.050 California Electrical Code—Adopted.

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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:

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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:

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 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 Fire Hazard Severity Zones Map.”
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

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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.

The Compliance Engine (TCE) is used to track all fire protection systems in the City. TCE charges a $20 fee to contractors for uploading their fire protection system reports. Whether contractors choose to pass this cost on to the business owner is up to them.
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:

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9) Amend Section 202, General Definitions, by adding the following definitions:

PALM SPRINGS FIRE DEPARTMENT 5:00-MINUTE FIRST DUE
ENGINE TRAVEL TIME. The Fire Department Response Time is defined as the time the fire station or response personnel receive notification of a call for emergency service, allowing two minutes for “firefighter turnout” and five 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 Fire Hazard Severity Zones Map.” 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.

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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 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.

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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. 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.

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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 Fire Hazard Severity Zones Map.”
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 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.

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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 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.

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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
402
403.2
403.5-403.5.4
403.10.2.1.1
403.13.3
407

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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 Fire Hazard Severity Zones Map.”
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.
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

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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.

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

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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 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

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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 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

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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 (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

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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.
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.

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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 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.

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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 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.

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Ordinance No. ____

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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.

3. Chemical Abstract Service (CAS) number.

4. Location where stored or used.

5. Container size.

6. Hazard classification.

7. Amount in storage.

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Ordinance No. ____

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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 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.

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Ordinance No. ____

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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:

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

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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 Fire Hazard Severity Zones Map in LRA As Recommended by Cal Fire.
94) Add Appendix “S”, Vegetation Management in Fire Hazard Severity Zones Map.

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

SECTION 28. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this 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

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Ordinance No. ____

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invalid.

PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF JANUARY, 2026.

NAOMI SOTO, MAYOR
ATTEST:

BRENDA PREE, CITY CLERK

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Ordinance No. ____

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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
5-Minute First Due Engine
Travel Time Map

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111 .,.

LEGEND
- 5-min First Due
Fire Stations:
• Eng ine
• Engine/ Medic
• Truck/ BC/ Airport
• Other City
D Pa lm Springs
D Other Cities
j

PALM SPRINGS FIRE DEPARTMENT
MAP #3A • 5 :00-MINUTE FIRST DUE ·

ENGINE TRAVE L TIME I
OHERT HOT '·
\
II
•

CATHEDRAL
CITY
•
0 ½ 2

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ATTACHMENT C
Fire Hazard Severity Zones

B – Page 520 of 696
Palm Springs Fire Hazard Severity Zones
.-------
Legend
2025 Fire Hazard Severity Zones
- Very High
- High
Moderate
Unzoned LRA
ITITIJJ 2024 Very High Fire Area
r: ~ Palm Springs City Boundary
Street Centerline
c_~--~"] Riverside County Cities
Cityo! PalrnSprings
01J"o•P.>im'i/:,,""1'GIS&C"v,)(/'>imSp,,"'l'f"11~D,,p,,,m_,, ! !
DINAH-SHORE DR:
1 MapDate:03/26/2025

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ATTACHMENT D
Vegetation Management in
Severity Zones

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PALM SPRINGS FIRE DEPARTMENT
Appendix "S"

VEGETATION MANAGEMENT IN FIRE HAZARD

SEVERITY ZONES

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

OFFICE: 760.323.8181
EMAIL: [email protected]

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TABLE OF CONTENTS

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

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

1.3 PENAL TY ................................................................................................................. 3

1.4 CLEARANCE REQUIREMENTS/FUEL MODIFICATION .................................... 3-5

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1. 1 INTRODUCTION
Vegetation management has proven to be a major factor in reducing the chances of buildings igniting from wildfires and from wildland areas being ignited from burning buildings. When combined with special building construction features, the chances of ignition are further reduced.

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

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

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

1.4 CLEARANCE REQUIREMENTS
Owners of property located in Fire Hazard Severity Zones (FHSZ) shall maintain their property in accordance with the 2022 California Fire Code and Palm Springs Fire Department Vegetation Management Guideline. Year-round compliance shall be maintained as described below on all native brush, weeds, grass, trees, and hazardous vegetation within 100 feet of any structure/buildings, whether those structures are on the owner's property or adjoining properties, and within 10 feet of any combustible fence or roadway/driveway used for vehicular travel.

1. Areas within 100 feet of structures and/or 10 feet of roadside surfaces or combustible fence: Grass shall be cut to three inches in height. Native brush shall be reduced in quantity to three inches in height. This does not apply to individual native shrubs spaced a minimum of 18 feet apart, provided such shrubs are trimmed up from the ground to 1/3 of their height with all dead material being removed (see diagram below).

2. For trees taller than 18 feet, trim lower branches so no foliage is within six feet of the ground and remove all dead material. For trees and shrubs less than 18 feet, remove lower branches to 1/3 of their height, and remove all dead material (see diagram below).

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

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

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

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

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

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

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

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

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

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The above general requirements also apply to landscape vegetation.

VEGETATION MANAGEMENT IS A YEAR-ROUND

RESPONSIBILITY
Clear Early, Clear Often.

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ATTACHMENT E
PSFD Development
Requirements

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PALM SPRINGS FIRE DEPARTMENT
Appendix "T"

PALM SPRINGS FIRE DEPARTMENT

DEVELOPMENT REQUIREMENTS

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

B – Page 529 of 696

TABLE OF CONTENTS
SCOPE .............................................................................................................................. 3

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

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

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

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

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

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

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

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

9.0 FIRE APPARATUS ACCESS ROADS ................................................................. 20 Pagel of20

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SCOPE
These requirements have been developed to assist development applicants, architects and contractors in determining the minimum requirements for fire protection systems, emergency access/gates, fire apparatus access roads and solar photovoltaic systems. It will provide the minimum design, installation, testing, and inspection procedures in the City of Palm Springs based on the following:
• Palm Springs Municipal Code, Chapter 8.04 of Title 8
• California Fire Code 2025 Edition - CCR Title 24, Part 9, adopted as hereinafter modified including Appendix B, P, Q, and S
• California Code of Regulations (CCR) - Title 19
• California Building Code 2025 Edition - CCR Title 24, Part 2 • California Residential Code 2025 Edition - CCR Title 24, Part 2.5 • National Fire Protection Association (NFPA) Standards -As adopted by the Office of State Fire Marshal
The authority having jurisdiction in determining compliance with the above codes and standards shall be the Palm Springs Fire Department.

WATER.AGENCY/ DISTRICT CONTACTS.SERVICING PALM.SPRINGS
Service Area
Palm Springs South of Interstate 10
Desert Water Agency
1200 S. Gene Autry Trail
Palm Springs, CA 92264
(760) 323-4971
www.dwa.org
Service Area
Palm Springs North of Interstate 10
Mission Springs Water District
66575 2nd Street
Desert Hot Springs, CA 92240
(760) 329-6448
www.mswd.org

1.0 WATER AGENCY/ DISTRICT REQUIREMENTS

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

1.2 The Water Agency / District will provide flow information for water mains or fire hydrants:

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• Static pressures.
• Dynamic/residual pressures.
• Gallons per minute.
• Water main size and configuration.
• Fire Hydrant Identification Numbers used in testing and street address or location description. Indicate Fire Hydrant Identification Number where pressure readings were taken.
• Fire hydrant flow-test data is good for a period of one (1) year.

2.0 PLANS AND PERMITS

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

2.2 Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Underground Fire System Mains shall be a separate plan submittal and permit.

2.3 Plans shall be submitted to:
https://www.palmspringsca.gov/government/departments/fire-department/fire-planreview-inspection

2.4 Provide a complete set of listings and manufacturer's technical data sheets for all system components with plan submittals. All system materials shall be UL listed, or FM approved for fire protection service and approved by Community Risk Reduction prior to installation.

2.5 Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and support data (calculations and manufacturer's technical data sheets), including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.
"As Built Drawings and Calculations" will be accepted when there are minor deviations from approved drawings and calculations. Significant changes will require a resubmittal of plans.

The Community Risk Reduction will make the final determination of fire flow requirements, number of fire hydrants and hydrant spacing.

3.0 PRIVATE FIRE SERVICE MAINS

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

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

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

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

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

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

3.7 On site fire hydrants and fire department connections, located less than three (3) feet behind the face of a curb or when no curb is provided, shall be protected by guard posts set in concrete to the following specifications:
• Constructed of steel not less than four (4) inches in diameter and concrete filled.
• Spaced not more than four (4) feet between posts on center. • Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter.
• Set with the top of the posts not less than three (3) feet above ground. Located not less than three (3) feet from the fire hydrants, post indicator valves and fire department connections.
• All guard posts shall be painted yellow (Rust-Oleum Safety Yellow #2149 or equivalent).

3.8 The installing contractor shall provide a signed and completed "Contractors Material and Test Certificate for Underground Piping" form as required by NFPA 24 (2025).

Double Check Detector Assemblies (Private)

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

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

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

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

Fire Department Connections {FDC)

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

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

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

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

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

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

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

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

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

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

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

NFPA 13R FDC piping shall be copper from the private fire service main.

Fire Hydrants {Private)

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

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

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

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

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

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

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

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

Water Plans and Water Main Installation (Private)

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

FIRE DEPARTMENT NOTES:

1. The installation of the private fire service mains shall comply with:
• NFPA 24
• California Building Code (2025 Edition)
• California Fire Code (2025 Edition)
• Palm Springs Fire Department Development Requirements, Appendix "T"

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

3. The following inspections are required:
• Thrust block pre-pour, trench, and backfill inspection. • Underground hydrostatic test - 200 psi for 2 hours.
• Underground flush.
• Underground final. A completed and signed "Contractors Material and Test Certificate for Underground Piping" form as required per NFPA 24 (2025 Edition).

TO SCHEDULE INSPECTIONS, CALL THE FIRE PREVENTION BUREAU AT (760) 323- 8181 AT LEAST 48 HOURS PRIOR TO THE REQUESTED INSPECTION DATE AND TIME.

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

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

6. No joints shall be installed under the building.

7. The civil engineer who designed the water system hereby certifies that this water system is in accordance with the requirements as prescribed by the Fire Prevention Bureau, the California Fire Code (2025 Edition) and NFPA 24 (2025 Edition).

8. Breakaway spools or breakaway bolts are required.

4.0 FIRE SPRINKLER SYSTEMS - NFPA 13
Controls

4.1 All control valves shall be UL listed indicating valves.

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

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

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

Fire Sprinkler Risers (NFPA 13)

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

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

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

Piping and Hangers (NFPA 13)

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

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

10. 4.10 The discharge area for the main drain and inspector's test valve shall be protected with a concrete splash pad to prevent damage to landscaping during periodic testing.

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

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

All-thread rod is not acceptable for the required bolt.

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

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

Design (NFPA 13)

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

4.16 It is incumbent upon the sprinkler system designer to advise the building owner that the above density and design area are minimums for shell buildings; and that increases in sprinkler protection may be required based on future occupancy hazard classification, storage commodity classification, and storage configuration according to NFPA 13 and the California Fire Code (2025 Edition).

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

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

4.19 Non-combustible construction shall be as defined by the California Building Code (2025 Edition). Wood frame construction shall be considered combustible construction regardless of materials used for surface covering.

4.20 Sprinklers with a temperature rating of not less than an intermediate temperature rating are required in all main electrical panel and meter rooms. No combustible materials shall be stored in these rooms.

4.21 Light fixtures, soffits and other potential obstructions shall not interfere with the spray patterns of sprinkler heads. The sprinkler contractor shall ensure that the type and location of potential obstructions are considered in the design and installation of the system. The sprinkler contractor is responsible for coordinating and resolving conflicts in coverage patterns.

4.22 Fire sprinklers shall not be installed directly below automatic smoke and heat vents.

4.23 Inspector Test Valve access panels and doors to fire sprinkler riser rooms shall have signs with appropriate descriptions.

4.24 All electrical rooms, upright sprinklers at the roof or in the attic space, non-conditioned rooms or exterior sprinkler heads shall be 200°F - 212°F heads.

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4.25 If the attic space is less than thirty-six (36) inches in height and of combustible construction, all upright fire sprinkler heads shall be in accordance with NFPA 13, Section 9.3.2
Plans (NFPA 13)

4.26 Complete detailed work sheets and computer hydraulic calculations as required by NFPA 13 shall be included with all submittals for hydraulically designed sprinkler systems. Calculations shall extend to the point at which the water supply data was determined.

4.27 Water supply curves and system demand curves, including underground friction loss, hose allowance, and applicable in-rack sprinkler demand, shall be computer generated graphs. Sprinkler system design, including hose demand, shall be limited to 90% of the available water supply. Water supply data may be obtained from the Fire Prevention Bureau by calling (760) 323-8181.

4.28 If installed piping is six (6) inches or larger, structural load calculations will be required for the structural elements/systems supporting the load.

4.29 Provide separate drawings for the piping plan and reflective ceiling plan.

4.30 Provide a fire sprinkler legend including sprinkler symbol, manufacturer, Sprinkler Identification Number (SIN), model, style, K-factor, degree, finish, escutcheon and quantity.

4.31 Provide the occupancy type of each room, ceiling heights and ceiling slopes with direction, slope pitch and ceiling height at the beginning of the slope as applicable.

4.32 Provide soffit and ceiling pocket details including widths, depths and heights.

4.33 Provide Seismic Bracing Calculations on the drawings per NFPA 13 using Cp of 0.74 and 1/r ratio of 200. Separate Seismic Bracing Calculations shall be provided for lateral and longitudinal braces and each pipe size. Show details of the seismic bracing and branch line restraints on the drawings. Piping individually supported by rods less than six (6) inches long measured between the top of the pipe and the point of attachment to the building structure shall not be used in lieu of seismic lateral bracing.

4.34 Hydraulic Plate information shall be included on the drawings.

4.35 Provide calculations of the number of sprinklers to calculate and the number of sprinklers on a branch line and list assumed remote area square feet.

4.36 Mark on the drawings the most hydraulically demanding remote area; and zone of influence for lateral and longitudinal seismic bracing.

4.37 Pipe Schedule Design shall not be used in existing systems, extension of existing systems or new systems.

4.38 Provide the following notes on fire sprinkler plans:

FIRE DEPARTMENT NOTES (NFPA 13):

1. The installation of the sprinkler system or modifications to existing sprinkler systems shall comply with:
• NFPA 13

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• California Building Code (2025 Edition)
• California Fire Code (2025 Edition)
• The City of Palm Springs Municipal Code Chapter 8, Sections 8. 04. 500 and

8.04.510
• Palm Springs Fire Department Development Requirements, Appendix "T"

2. The Community Risk Reduction Division will require the following inspections and tests as a minimum:
• Overhead installation and hydrostatic test - 200 psi for 2-hours. • Fire sprinkler system final inspection. A completed and signed "Contractors Material and Test Certificate for Aboveground Piping" form as required per NFPA 13.

TO SCHEDULE INSPECTIONS, CALL THE FIRE PREVENTION BUREAU AT (760) 323-8181 AT LEAST 48 HOURS PRIOR TO THE REQUESTED INSPECTION DATE AND TIME.

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

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

5. An approved audible sprinkler flow alarm (horn/strobe with weather-proof back box) shall be provided on the exterior of the building in an approved location.

Power shall be provided from a listed fire alarm control unit.

6. The fire sprinkler branch lines shall be restrained against excessive vertical and lateral movement by use of a wrap-around U-hook or by other approved means per NFPA 13.

5.0 FIRE SPRINKLER SYSTEMS - NFPA 13R
Design (NFPA 13R)

5.1 The sprinkler contractor shall calculate the friction loss for all pipes, meters, valves, fittings and other appurtenances when designing the hydraulic calculations for the NFPA 13R fire sprinkler system.

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

5.3 Fire sprinkler systems shall require a single 2 1 /2 inch FDC when the building exceeds 2,000 square feet or is more than one-story.

5.4 An inspector's test valve must be provided from a remote portion of the system.

Orifice size shall be the smallest orifice of any sprinkler in the system. This valve shall be a full port ball valve with signed access panel and a copper stub outside the wall.

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5.5 Access panels for fire sprinkler risers, inspector test valves and doors for fire sprinkler riser rooms, all shall have signs with appropriate descriptions.

5.6 Fire sprinkler protection is required in any size bathroom when a walk-in closet must exit through a bathroom.

5. 7 Garages, attics and outside mechanical and/or electrical rooms shall use commercial quick response fire sprinkler heads with a 200°F -212°F temperature rating. Garage fire sprinkler spacing shall be 130 square feet. Garage fire sprinklers shall be designed for a flow rate of 13 GPM with a 4.2 K-factor head and 14.8 GPM for a 5.6 K-factor head.

5.8 Fire sprinkler protection is required for carports, garages and similar structures, regardless of construction, unless physically separated by a minimum of fifteen (15) feet from dwellings or other structures.

5.9 Minimum piping size shall be one (1) inch nominal.

5.10 Light fixtures, soffits and other potential obstructions shall not interfere with the spray patterns of sprinkler heads. The sprinkler contractor shall ensure that the type and location of potential obstructions are considered in the design and installation of the system. The sprinkler contractor is responsible for coordinating and resolving conflicts in coverage patterns.

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

5.12 An approved audible sprinkler flow alarm (horn/strobe with weather-proof back box) shall be provided on the exterior of the building in an approved location.

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

5.14 Additional exterior horn/strobes may be required when there are more than four (4) dwelling units per building.

5.15 Contractor shall provide a spare head box with sprinkler wrench and three (3) spare sprinkler heads of each type, unless there are less than three (3) heads of that type.

Plans (NFPA 13R)

5.16 Piping shall be detailed on drawing from public water main to riser including pipe sizes, pipe types, pipe lengths, all fittings, all valves, water meter manufacturer and model, back flow device manufacturer, model and size and elevations of house finished floor relative to fire hydrant outlet where pressures were taken.

5.17 Provide a riser detail on the drawing, including a flow control valve with a tamper switch.

5.18 Provide an inspector test detail on drawing.

5.19 Provide a table on the drawings for piping support spacing and one (1) and two (2) point sprinkler head vertical restraint spacing.

5.20 Provide a fire sprinkler legend including sprinkler symbol, manufacturer, Sprinkler Identification Number (SIN), model, style, K-factor, degree, finish, escutcheon and quantity.

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5.21 Provide occupancy type of each room, ceiling heights and ceiling slopes with direction, slope pitch and ceiling height at the beginning of the slope as applicable.

5.22 Provide soffit and ceiling pocket details including widths, depths and heights.

5.23 Provide beam details including widths, heights and spacing.

5.24 Provide location of required horn/strobes.

5.25 Provide the following notes on fire sprinkler plans:

FIRE DEPARTMENT NOTES (NFPA 13R):

1. The installation of the sprinkler system or modifications to existing sprinkler systems shall comply with:
• NFPA 13R
• California Building Code (2025Edition)
• California Fire Code (2025 Edition)
• The City of Palm Springs Municipal Code Chapter 8, Sections 8. 04. 500 and

8.04.510
• Palm Springs Fire Department Development Requirements, Appendix "T"

2. The Fire Prevention Bureau will require the following inspections and tests as a minimum:
• Overhead installation and hydrostatic test - 200 psi for 2-hours. • Fire sprinkler system final inspection. A completed and signed "Contractors Material and Test Certificate for Aboveground Piping" form as required per NFPA 13R.

TO SCHEDULE INSPECTIONS, CALL THE FIRE PREVENTION BUREAU AT (760) 323-8181 AT LEAST 48 HOURS PRIOR TO THE REQUESTED INSPECTION DATE AND TIME.

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

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

5. An approved audible sprinkler flow alarm (horn/strobe with weather-proof back box) shall be provided on the exterior of the building in an approved location.

6. Contractor shall supply owner with a copy of the 2013 California Edition of NFPA 25 "Inspection, Testing and Maintenance of Water-Based Fire Protection Systems."

6.0 FIRE SPRINKLER SYSTEMS - NFPA 13D
Design (NFPA 13D}

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6.1 A full port ball valve shall be installed at one- and two-family dwelling units as a shutoff valve for both domestic and fire sprinkler water supply. A shut-off valve shall be installed for the domestic water supply after the fire sprinkler system take-off.

6.2 The sprinkler system piping shall not have a separate control valve installed.

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

Fire sprinkler systems shall be combined domestic and fire sprinkler service to the dwelling. Hydraulic calculations shall include 5 GPM domestic water demand at the domestic water take-off.

6.4 Access panels for fire sprinkler risers shall have a sign with an appropriate description.

6.5 Fire sprinkler protection is required in any size bathroom when a walk-in closet must exit through a bathroom.

6.6 Garages, attics and outside mechanical rooms shall use fire sprinkler heads with a 200°F - 212°F temperature rating.

6.7 A single pilot head shall be installed in attic areas over the forced air unit(s).

6.8 All listed equipment and materials shall be installed in accordance with the terms of their listings and the manufacturer's instructions.

6.9 Fire sprinkler protection is required for garages and similar structures, regardless of construction, unless physically separated by a minimum of fifteen (15) feet from dwellings or other structures.

6.10 Piping systems shall be tested in accordance with the California Plumbing Code for multipurpose piping and NFPA 13D and manufacturer's listing and recommendations for fire sprinkler piping.

6.11 Light fixtures, soffits and other potential obstructions shall not interfere with the spray patterns of sprinkler heads. The sprinkler contractor shall ensure that the type and location of potential obstructions are considered in the design and installation of the system. The sprinkler contractor is responsible for coordinating and resolving conflicts in coverage patterns.

6.12 Water Flow Switch and Alarm. A water flow switch shall be installed with every residential fire sprinkler system. The system shall include:

1. An approved audible sprinkler flow alarm (horn/strobe with weather-proof back box or equal) shall be provided on the exterior of the building in an approved location. The horn/strobe shall be outdoor rated.

2. Residential smoke alarms (relay/power supply module connected to multistationlinterconnected smoke alarms and fire sprinkler flow switch) shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke alarms within the dwelling to sound and activate the exterior horn/strobe. The wiring of this system shall be in accordance with the manufacturer's instructions.

6.13 Contractor shall provide a spare head box with sprinkler wrench and two (2) spare sprinkler heads of each type, unless there are less than two (2) heads of that type.

6.14 Prescriptive pipe size method shall not be used to design fire sprinkler systems.

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6.15 Hydraulic calculation procedures in accordance with NFPA 13 shall be used for all types of sprinkler systems.

6.16 Network fire sprinkler systems are prohibited.

Plans (NFPA 13D)

6.17 Piping shall be detailed on drawing from public water main to riser including pipe sizes, pipe types, pipe lengths, all fittings, all valves, water meter manufacturer and model, back flow device manufacturer, model and size and elevations of house finished floor relative to fire hydrant outlet where pressures were taken.

6.18 Provide a riser detail on the drawing.

6.19 Provide a table on the drawings for piping support spacing and one (1) and two (2) point sprinkler head vertical restraint spacing.

6.20 Provide a fire sprinkler legend including sprinkler symbol, manufacturer, Sprinkler Identification Number (SIN), model, style, K-factor, degree, finish, escutcheon and quantity.

6.21 Provide occupancy of each room, ceiling heights and ceiling slopes with direction, slope pitch and ceiling height at the beginning of the slope as applicable.

6.22 Provide soffit and ceiling pocket details including widths, depths and heights.

6.23 Provide beam details including widths, heights and spacing.

6.24 Design a looped fire sprinkler piping system where possible.

6.25 Provide the following notes on fire sprinkler plans:

FIRE DEPARTMENT NOTES (NFPA 13D):

1. The installation of the sprinkler system or modifications to existing sprinkler systems shall comply with:
• NFPA 13D
• California Residential Code (2025 Edition)
• California Fire Code (2025 Edition)
• The City of Palm Springs Municipal Code Chapter 8, Sections 8. 04. 500 and

8.04.510
• Palm Springs Fire Department Development Requirements, Appendix "T"

2. Water Flow Switch and Alarm. A water flow switch shall be installed in every dwelling unit fire sprinkler system. The system shall include:
• An approved audible sprinkler flow alarm (horn/strobe with weather-proof back box or equal) shall be provided on the exterior of the building in an approved location. The horn/strobe shall be outdoor rated. • Residential smoke alarms (relay/power supply module connected to multistationlinterconnected smoke alarms and fire sprinkler flow switch) shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke alarms within the dwelling to sound and activate

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the exterior horn/strobe. The wiring of this system shall be in accordance with the manufacturer's instructions.

7.0 INSPECTIONS AND TESTS
7 .1 The system must pass all the fire protection systems inspections prior to a certificate of occupancy.

7.2 The Inspection, Testing and Maintenance of Water-Based Fire Protection Systems shall comply with California Code of Regulations (CCR) Title 19, Division 1, Chapter 5, and NFPA 25 (2013 CA Edition).

7.3 Inspection, Flushing, and Hydrostatic Testing of Underground Fire Service Mains.

Note: It is the contractor's responsibility to notify the AHJ of inspection, performance of tests, and completion of Material and Test certificates (10.10.1 ).

1. All pipe and fittings shall remain exposed for visual inspection.

2. Flush line until water runs clear and line is free of debris in accordance with NFPA 24 (10.10.2.1).

3. Use chart below (Figure 1.0) to determine appropriate number and size of hose lines for reach desired water flow for proper flushing. Example: a 6" underground fire line requires a flow of 880 GPM for proper flushing. To achieve a proper flow, two (2) - 2 1/2" hoses would need to be attached to the manifold. Alternately a single 4" hose could be attached to the manifold to achieve the same flow.

Suggested Number of Lines to Reach Required Flow - Figure 1.0 Pipe Size Required Flow Rate 2112" 4" 6" 8"
4" 390 GPM 1 - - -
6" 880 GPM 2 1 - -
8" 1,560 GPM 4 2 1 -
10" 2,440 GPM 6 3 1 -
12" 3,520 GPM 8 4 2 1

4. SAFETY IS THE CONTRACTOR'S RESPONSIBILITY. If unsafe conditions are observed, Fire Prevention staff will require that corrective measures are taken. If corrective measures are not sufficient, Fire Prevention staff will end the inspection.

5. All pipes and fittings shall be hydrostatically tested to 200 psi or 50 psi above system working pressure, whichever is greater (10.10.2.2.1). System shall maintain pressure at +/- 5 psi for 2 hours. The trench should be backfilled before testing per NFPA 24 (10.10.2.2.4 and 10.10.2.2.5).

6. At the conclusion of hydrostatic testing, pressure shall be relieved in the presence of Fire Prevention staff to verify proper movement of gauge needle.

7.4 OVERHEAD INSTALLATION.

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ALL AREAS MUST BE VISIBLE. Contractor shall schedule inspections before insulating, dry walling or installation of ceilings occurs. Inspection shall review compliance with approved plans, spacing, hangers, seismic bracing, etc. All areas must remain visible for any corrections from this inspection. A REINSPECTION OF CORRECTIONS WILL BE REQUIRED.

All fire sprinklers utilizing CPVC pipe shall be required to have temporary test plugs installed at the time of rough-in inspections and hydrostatic testing. Sprinkler heads shall be installed only after all rough-in inspections and hydrostatic testing is completed satisfactorily.

The following is required prior to fire sprinkler final:
• Approved drawings and hydrostatic calculations available on site. • Water service to sprinkler riser shall be installed and live. • All HVAC registers shall be installed.
• All electrical shall be installed for lights, ceiling fans and smoke detectors.

ALL CORRECTIONS FROM PREVIOUS INSPECTIONS MUST BE COMPLETED AND SIGNED OFF.

7.5 A complete approved set of fire sprinkler system and private fire service main plans stamped approved (wet stamp and signature) by the Fire Prevention Bureau shall be kept on the job site at all times. INSPECTIONS WILL NOT BE CONDUCTED WITHOUT THE APPROVED PLANS.

7.6 The permit and inspection record card (Job Card) shall be available with the approved plans at the job site. INSPECTIONS WILL NOT BE CONDUCTED WITHOUT THE APPROPRIATE INSPECTION RECORD CARD {Job Card}.

7.7 Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

Inspections presuming to give authority to violate or cancel the provisions of this guideline or of other ordinances of the jurisdiction shall not be valid.

7.8 The following documents are required completed by the contractor and a copy shall be turned over to the fire department at the time of acceptance testing and final inspection:
(1) Underground Fire Service Mains (NFPA 24)
• Contractors Material and Test Certificate for Underground Piping (2) Fire Sprinkler Systems (NFPA 13 and 13R and 13D)
• Contractors Material and Test Certificate for Aboveground Piping (3) Standpipe and Hose Systems (NFPA 14)
• Contractors Material and Test Certificate for Aboveground Piping (4) Fire Pump Systems (NFPA 20)
• Contractors Material and Test Certificate for Fire Pump Systems (5) Fire Pump Systems (NFPA 20)

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• Contractors Material and Test Certificate for Fire Pump Systems (6) Fire Alarm Systems (NFPA 72)
• Record of Completion

8.0 EMERGENCY ACCESS AND GATES
General

8.1 This section has been developed to assist development applicants, architects, contractors, and building/business owners in determining the minimum requirements for Knox switches on powered access gates, Knox boxes for non- powered gates, Knox box vaults for residential and commercial facilities and minimum access gate requirements for fire department access during emergency responses.

Plans

8.2 Plan submittals must identify all access gates and locations of Knox access switches and Knox boxes.

Gate Access Requirements

8.3 The installation of security gates across a fire apparatus access road shall be approved by the fire code official during the plan check review. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained at all times.

8.4 A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tamar Strobeswitch TM, or approved equal, and an approved Knox key 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 a quarter (1/4) inch) when required by the fire code official.

8.5 Electric gate operators, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed and installed to comply with these requirements.

8.6 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.

8.7 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.

8.8 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.

8.9 Approved security gates shall be a minimum of fourteen (14) feet in unobstructed drive width on each side with gate in open position. An unobstructed vertical clearance of not less than thirteen (13) feet and six (6) inches shall be provided and maintained at all times.

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Building Access Requirements

8.10 Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for emergency responder access, a Knox box vault will be required.

8.11 Knox box locations shall be mounted at five (5) feet above grade. Show locations of Knox access controls on plan elevation views. Show requirement in plan notes.

Contact the Fire Prevention Bureau by calling (760) 323-8181 for a Knox Authorization Order Form.

8.12 The Knox key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.

8.13 Secured emergency access gates serving apartment, townhome or condominium complex courtyard, must provide a Knox key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be five (5) feet above grade.

Inspection Requirements

8.14 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.

8.15 A final field inspection by the fire code official or an authorized representative for the installation of Knox box vaults with appropriate keys is required at time of final inspection.

9.0 FIRE APPARATUS ACCESS ROADS
General

9.1 This section has been developed to assist development applicants, architects, contractors, and building/business owners in determining the minimum requirements for the design of fire apparatus access roads for consistency with the best practices of the fire code in the interest of public safety.

Plans

9.2 Detailed fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Plans shall include certification from a Registered Professional Engineer stating the roads are of all-weather construction and capable of supporting fire apparatus weighing 73,000 lbs. G.V.W.

Requirements

9.3 Designated Fire Lanes: In private developments, designated fire lanes shall not be less than twenty-four (24) feet wide (curb face to curb face) with no parking on either side and shall be identified as fire lanes with red curb(s), stating in white lettering "NO PARKING FIRE LANE", or by approved signage, or by both red curb(s) with white lettering and signage.

Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas, etc.) that are under thirtyPage 19 of20

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six (36) feet wide require red painted curb(s) to maintain minimum twenty-four (24) foot clear width. Red curb(s), stating in white lettering "NO PARKING FIRE LANE", or by approved signage, or by both red curb(s) with white lettering and signage.

9.4 The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department's apparatus. No grade shall exceed 12%. Grade transitions shall not exceed maximum angle of approach and angle of departure based on the tire department's apparatus as determined by the fire code official.

9.5 A secondary access road shall be provided for all developments with thirty (30) or more dwelling units.

9.6 Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of tire apparatus. The City of Palm Springs has two (2) approved turn-round provisions. One is a cul-de-sac with an outside turning radius of forty-five (45) feet from centerline; and the other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 8/3/2016.

9. 7 Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.

9.8 When fences are installed that because the distance from an approved tire 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 and be equipped with a Knox key box and/or Knox lock accessible from both sides in accordance with Section 506 herein.

9.9 Access to building openings and roofs. An approved walkway with a minimum width of forty-eight (48) inches shall be maintained readily accessible to all exterior openings for emergency access by the fire department.

9.10 High-Rise/Mid-Rise: High-rise and mid-rise buildings shall be accessible on a minimum of two (2) sides. Street access shall not be less than fifteen (15) feet or more than thirty (30) feet from the building. Landscaping or other obstructions shall not be placed or must be maintained around structures in a manner so as not to impair or impede accessibility for firefighting and rescue operations.

Construction Requirements

9.11 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 twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet and six (6) inches.

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CITY COUNCIL STAFF REPORT
DATE: JANUARY 14, 2026 PUBLIC HEARING
SUBJECT: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING SECTION 93.23.14 OF THE PALM

SPRINGS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY

WITH RECENT CHANGES IN STATE LAW, AND FINDING THE ACTION

TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

This is a request to adopt an urgency ordinance that will amend Section 93.23.14 of the Palm Springs Municipal Code to comply with recent changes to state law. These changes impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Except as otherwise noted, these new laws took effect on January 1, 2026.

RECOMMENDATION:

1. Find that the adoption of the proposed urgency ordinance is statutorily exempt from review under the California Environmental Quality Act (CEQA) under Public Resources Code § 21080.17.

2. Waive full reading and adopt by title only an urgency ordinance entitled: “AN

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 93.23.14 OF THE PALM

SPRINGS MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT

CHANGES IN STATE LAW, AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17.” BACKGROUND:

In recent years, the California Legislature has approved, and the Governor has signed

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into law a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In late 2025, four new bills were enacted that further amend state ADU law, as summarized below.

AB 462 – Coastal Development Permits; Disaster-Affected Areas AB 462 modifies several permitting requirements associated with processing Coastal Development Permits (CDP) for ADUs located in the Coastal Zone, which of course do not apply here. AB 462 does apply to Palm Springs, however, where it modifies the rules governing the issuance of a certificate of occupancy (C of O) for an ADU when certain conditions are met.

Historically, state law has prohibited a local agency from issuing a C of O for an ADU before one is issued for the primary dwelling (i.e., the primary dwelling must have a C of O before the ADU can receive one). AB 462 creates a narrow exception to this prohibition for detached ADUs when all of the following conditions are satisfied: (1) the Governor has declared a state of emergency for the county on or after February 1, 2025; (2) the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation; and (3) the ADU has been issued construction permits and passed all required inspections. (Gov. Code, § 66328(b).) If these conditions are satisfied, the detached ADU can receive a C of O before the primary dwelling. In all other scenarios, the primary dwelling still needs a C of O before one can be issued for an ADU.

AB 462 was enacted as an urgency measure that took effect immediately when signed by the Governor (on October 10, 2025). The following three bills were enacted as nonurgency measures and took effect on January 1, 2026.

AB 1154 – JADU Owner-Occupancy; Short-Term Rental
When a JADU is developed, existing state law requires a property owner to reside in the JADU or remaining portion of the single-family dwelling. AB 1154 narrows this requirement to now only apply when a JADU shares sanitation facilities (bathroom) with the single-family dwelling. If the JADU has its own bathroom, then the property owner does not have to reside on the property at all. (See amended Gov. Code, § 66333(b).) AB 1154 also expressly prohibits JADUs from being used as short-term rentals (i.e., rented for a term shorter than 30 days). (See amended Gov. Code, § 66333(g).) This prohibition, along with the prohibition of ADUs from being used as short term-rentals, has already been enacted in Palm Springs. (See PSMC § 93.23.14((E)(4)). Now, the prohibition is also required by state law.

SB 9; SB 543 – ADU Ordinance Submittal to HCD; Approval Under existing law, local agencies are required to submit a copy of their ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days of adoption. This year’s SB 9 and SB 543 have now introduced a penalty for failing to do so. Now, if a local ADU ordinance is not submitted to HCD within 60 days of adoption, the local ordinance is rendered null and void. (See amended Gov. Code, § 66326(d); new Gov. Code, § 66333.5(d).) The bills further specify that a local ADU

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ordinance is null and void if HCD issues findings that the ordinance does not comply with state law and the local agency fails to respond to HCD within 30 days. (Id.) SB 543 – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline SB 543 makes numerous changes and clarifications to state ADU law, the most notable of which are summarized below.

ADU & JADU Size
Existing law limits the maximum size of a JADU to 500 square feet and prohibits local ADU ordinances from imposing certain development standards that would prevent an ADU created under Government Code section 66314 through 66322 from being at least 800 square feet.

SB 543 amends state ADU law to resolve confusion and to specify that allowable square footage of an ADU or JADU refers to square footage of “interior livable space.” (See amended Gov. Code, § 66313(d), 66321(b)(2).)
Impact Fees
Existing law exempts ADUs that are 750 square feet or smaller from development impact fees (DIFs).

SB 543 clarifies that DIFs may not be imposed on an ADU that has 750 or fewer square feet of interior livable space or on a JADU with 500 or fewer square feet of interior livable space.

The bill also exempts an ADU or JADU with fewer than 500 square feet of interior livable space from school impact fees. (See amended Gov. Code, § 66311.5.) Quantity of ADUs Created Under Government Code Section 66323 ADU and JADU development generally require both a building permit and an ADU permit.

Existing state law creates four categories of ADUs that must be approved for an ADU permit (and thereby require only a building permit) if they comply with the limited standards provided in Government Code section 66323(a)(1) – (4). These are:
(1) a converted ADU and JADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(1));
(2) a detached ADU created on a lot with a proposed or existing single-family dwelling (Gov. Code, § 66323(a)(2));
(3) converted ADUs created in an existing multifamily dwelling (Gov. Code, § 66323(a)(3)); and
(4) detached ADUs created on a lot with a proposed or existing multifamily dwelling.

For some time, there has been uncertainty as to whether ADUs created under these four categories could be combined. Some practitioners interpreted the statute to not require local agencies to allow combinations. This is the position HCD initially took as published

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in its 2020 ADU Handbook. For the last few years, however, HCD has taken the opposite position and supported the position that yes, combinations are permitted. (See HCD January 2025 ADU Handbook, at p. 19 [“[P]ursuant to Government Code section 66323, subdivision (a), local governments must allow units created pursuant to subparagraphs (1) and (2) together or (3) and (4) together”].)
SB 543 now codifies HCD’s most recent interpretation by amending Government Code section 66323 to specifically allow combinations. Thus, a lot with a multifamily dwelling can now have a converted ADU or ADUs created under section 66323(a)(3) and detached ADUs created under section 66323(a)(4). And a lot with a single-family dwelling can now have a converted ADU and a JADU created under section 66323(a)(1) and a detached ADU created under section 66323(a)(2).

ADU Permitting Process
Existing law has long required local agencies to approve or deny an ADU application within 60 days of receiving a complete application. However, state law was silent with respect to incompleteness determinations, subsequent resubmittals, and appealing local decisions on ADU applications.

SB 543 requires local agencies to now:
(1) determine whether an ADU application is complete within 15 business days of submittal;
(2) if the application is incomplete, within the same 15 days provide the applicant with a list of incomplete items and how to address them; (3) review a resubmitted application for completeness within 15 business days; (4) provide the applicant with a written appeal process for any incompleteness determination or denial (to the Planning Commission or City Council, or both); and
(5) provide a final written determination on the appeal within 60 business days of receiving the appeal). (See amended Gov. Code, §§ 66317 [ADUs], 66335 [JADUs].)
STAFF ANALYSIS:

AB 462 took effect immediately when signed but technically does not require any change to a local ordinance; the City just needs to allow a C of O for an ADU to issue before a C of O for the primary dwelling, if applicable. The remaining bills took effect on January 1, 2026. For the City to be able to enforce its ADU ordinance, it must comply with the requirements of these bills. Until it does so through the adoption of the proposed urgency Ordinance, PSMC section 93.23.14 is null and void as a matter of law. Without the ability to apply local regulations governing height, setback, landscape, and architectural review, among other things, ADU development threatens the character of existing neighborhoods and negatively impacts property values, personal privacy, and fire safety.

As a result, the proposed ordinance is an urgency measure, which means it will take

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immediate effect upon adoption. Typically, an ordinance affecting planning and zoning is approved by the Council after a planning-agency recommendation, a first reading and introduction before the Council and then a second reading at a regular Council meeting, taking effect thereafter 30 days following adoption. Here, it is necessary for the City Council to adopt this ordinance as an urgency measure because the new ADU laws are now in effect. The urgency ordinance will be followed at the earliest possible time by a non-urgency ordinance subject to all normal procedures.

For the above reasons, staff recommends that the City Council adopt the proposed urgency ordinance (Attachment A), which will ensure that the City’s ADU ordinance is valid and enforceable. Following adoption of the urgency ordinance, staff will take a regular ordinance to the Planning Commission for input prior to returning to Council for ordinary and permanent adoption of these changes.

The requested amendments are illustrated in the attached draft ordinance (Attachment B) that underscores all additions and strikes through all deletions.

ENVIRONMENTAL ASSESSMENT:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law.

Therefore, the adoption of the proposed urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Foundation: Housing.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Assistant City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Draft Urgency Ordinance
B. Draft Ordinance illustrating additions and deletions

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ATTACHMENT A

DRAFT URGENCY ORDINANCE

AND EXHIBIT A

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URGENCY ORDINANCE NO. ________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS AMENDING SECTION

93.23.14 OF THE CITY OF PALM SPRINGS MUNICIPAL

CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS TO

COMPLY WITH THE RECENT CHANGES IN STATE LAW,

AND FINDING THE ACTION TO BE STATUTORILY

EXEMPT FROM CEQA UNDER PUBLIC RESOURCES
CODE § 21080.17
(Four-Fifths (4/5) Vote Required)
City Attorney’s Summary
This Ordinance updates the Palm Springs Municipal Code to comply with changes to state law governing Accessory
Dwelling Units and Junior Accessory Units. Four new bills were adopted, one of which became effective immediately in October 2025 and the others went into effect on January 1, 2026.

WHEREAS, the City of Palm Springs is a charter city organized under Article XI of the California Constitution and, pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter. Such police powers include without limitation the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare.

WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2025, the California Legislature approved, and the Governor signed into law, further amendments to state ADU law; and
WHEREAS, new updates to state ADU law take effect January 1, 2026, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the most recent changes to state law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect the most recent changes to state law; and

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WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of bills updating state ADU law because local ordinances that do not comply with this legislation become null and void in their entirety, meaning the City would be required to approve ADUs and JADUs in accordance with the few default standards that are imposed by state ADU law found at Chapter 13 of Division 1 of Title 7 of the California Government Code; and
WHEREAS, approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare justify adoption of this Ordinance as an urgency ordinance, to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Palm Springs does ordain as follows:

Section 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law.

Therefore, adoption of the urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. General Plan. The City Council hereby finds that the adoption of the urgency Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c).

Section 4. Code Amendment. Section 93.23.14 of the Palm Springs Municipal Code is hereby amended and restated to read in its entirety as provided in the attached Exhibit A, which is incorporated here as if fully set forth.

Section 5. Effective Date. This Ordinance takes effect immediately upon its adoption.

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Section 6. HCD Submittal. In accordance with Government Code sections 66326 and 66333.5, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

Section 7. Publication. The City Clerk certifies that this Ordinance was adopted by the City Council at a regular meeting on January 14, 2026.

Section 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at Palm Springs City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262.

Section 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 14TH DAY OF JANUARY 2026.

NAOMI SOTO
MAYOR
ATTEST:

BRENDA PREE, MMC, CERA

CITY CLERK

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EXHIBIT A
Amended ADU Regulations
(follows this page)

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§ 93.23.14 Accessory Dwelling Units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C.8 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. "Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

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a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4 above.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in each of the scenarios provided in this subsection D.1. An ADU and JADU approved under subsection D.1.a. may be combined with an ADU approved under subsection D.1.b, and ADUs approved under subsection D.1.c. may be combined with ADUs approved under subsection D.1.d.

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a. Converted on Single-Family Lot. One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 66333 through 66339.
b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet of livable space or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2 below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below.

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iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. ADU Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the Planning Director and approved by the city council by resolution.

3. Process and Timing.
a. Completeness.
i. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. ii. Incomplete items. If the city’s determination under subsection is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
iv. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
v. Deemed complete. If the city does not make a timely
determination as required by this subsection , the application or resubmitted application is deemed complete for the purposes of subsection .

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vi. Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The Building Appeal Board will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. b. An ADU and JADU permit is considered and approved ministerially, without discretionary review or a hearing.
c. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application.

If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection D.3.b above.
e. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The Building Appeal Board will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

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E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. c. In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d may not exceed two stories. e. For purposes of this subsection E.2, height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.

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a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. ADUs are not subject to any owner-occupancy requirement. b. As required by state law, all JADUs are generally subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. i. Exceptions. The owner-occupancy requirement in this subsection does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
(II) The property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the director. The deed restriction must run

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with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The JADU may not be sold separately from the primary dwelling. b. The JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90- day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit

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the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10. Building and Safety.
a. Must Comply with Building Code. Subject to subsection E.10.b below, all ADUs and JADUs must comply with all local building code requirements. b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

11. Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State-declared Emergencies. Notwithstanding subsection D.11.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
ii. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. iii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation.
iv. The ADU has been issued construction permits and has passed all required inspections.
v. The ADU is not attached to the primary dwelling.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

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1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet of interior livable space for a studio or onebedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet of interior livable space.

2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 45 percent, subject to subsection .F.1.c above.

3. Setbacks.
a. ADUs that are subject to this subsection F must conform to a 25-foot frontyard setback, subject to subsection F.1.c above. b. An ADU that is subject to this subsection F must conform to four-foot sideand rear-yard setbacks. c. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection .F.1.c above.

5. Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection .F.1.c above.

6. Passageway. No passageway, as defined by subsection C.89 above, is required for an ADU.

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7. Parking.
a. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 above. b. Exceptions. No parking under subsection F.7.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.1011 above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.7.b.i through . v above. c. No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

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e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
a. At least one 15-gallon size plant must be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant must be provided for every 10 linear feet of exterior wall. b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought-tolerant.
d. All landscaping must be from the city's approved plant list.

10. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs that are approved under subsection D.1 or D.2 above.

1. Impact Fees.
a. No impact fee is required for a JADU or for an ADU that has is less than 750 square feet of interior livable space.in size. For purposes of this subsection G.1, "impact fee" means a “fee” under the Mitigation Fee Act (Gov. Code Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education

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Code Section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code Section 17620.
c. Any impact fee that is required for an ADU that has is 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

2. Utility Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection G.2.a, JADUs and converted ADUs on a single-family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
c. Except as described in subsection G.2.a, all ADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

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2. Unpermitted ADUs and JADUs Constructed Before 2020.
a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or ii. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 93.23.14).
b. Exceptions:
i. Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. ii. Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and JADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections A through H of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

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ATTACHMENT B

COMPARISON OF CHANGES

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§ 93.23.14 Accessory Dwelling Units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code Sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C.78 below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. "Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

3. "Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. "Efficiency kitchen" means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. "Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

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a. It is no more than 500 square feet of interior livable space in size. b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed singlefamily structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in subsection C.4 above.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. "Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

9. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

10. "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

12. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios: each of the scenarios provided in this subsection D.1. An ADU and JADU approved under subsection D.1.a. may be combined with an ADU approved under subsection D.1.b, and ADUs approved under subsection D.1.c. may be combined with ADUs approved under subsection D.1.d.

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a. Converted on Single-Family Lot. One ADU as described in this subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling, within the existing space of an existing single-family dwelling, or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 65852.22. 66333 through 66339.
b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling(in addition to any JADU that might otherwise be established on the lot under subsection D.1.a above), if the detached ADU satisfies each of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet of livable space or smaller. iii. The peak height above grade does not exceed the applicable height limit in subsection E.2 below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies both all of the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection E.2 below.

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iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. ADU Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of community development Planning Director and approved by the city council by resolution.

3. Process and Timing.
a. Completeness.
i. Determination in 15 days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal. ii. Incomplete items. If the city’s determination under subsection is that the application is incomplete, the city’s notice must list the incomplete items and describe how the application can be made complete.
iii. Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.
iv. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.
v. Deemed complete. If the city does not make a timely
determination as required by this subsection , the application or

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resubmitted application is deemed complete for the purposes of subsection .
vi. Appeal of incompleteness. An applicant may appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The Building Appeal Board will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal. b. An ADU and JADU permit is considered and approved ministerially, without discretionary review or a hearing.
c. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application.

If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60- day time period established by subsection D.3.b above.
e. An applicant may appeal the city’s denial of the application by submitting a written appeal to the city clerk. The Building Appeal Board will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
f. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 above:

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1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

2. Height.
a. Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d may not exceed two stories. e. For purposes of this subsection E.2, height is measured above from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

3. Fire Sprinklers.

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a. Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.
b. The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.2666341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. An ADUs that is permitted after January 1, 2020, but before January 1, 2025, is are not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. c. b. As required by state law, all JADUs are generally subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.7.c does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
i. Exceptions. The owner-occupancy requirement in this subsection does not apply in either of the following situations:
(I) The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

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(II) The property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a certificate of occupancy building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or The JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:

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a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90- day period, the owner is in violation of this code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10. Building and Safety.
a. Must Comply with Building Code. Subject to subsection E.10.b below, all ADUs and JADUs must comply with all local building code requirements. b. No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

11. Certificate of Occupancy Timing.
a. Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit. b. Limited Exception for State-declared Emergencies. Notwithstanding subsection D.11.a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:
ii. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025. iii. The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor’s state of emergency proclamation.

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iv. The ADU has been issued construction permits and has passed all required inspections.
v. The ADU is not attached to the primary dwelling.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet of interior livable space for a studio or onebedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F.1.b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet of interior livable space.

2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 45 percent, subject to subsection .F.1.c above.

3. Setbacks.
a. ADUs that are subject to this subsection F must conform to a 25-foot frontyard setback, subject to subsection F.1.c above. b. An ADU that is subject to this subsection F must conform to four-foot sideand rear-yard setbacks. c. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection .F.1.c above.

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5. Minimum Open Space. No ADU subject to this subsection F may cause the total percentage of open space of the lot to fall below 50 percent, subject to subsection .F.1.c above.

6. Passageway. No passageway, as defined by subsection C.89 above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 above. b. Exceptions. No parking under subsection F.7.a is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.1011 above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.7.b.i through . v above. c. No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

C – Page 586 of 696
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

9. Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:
a. At least one 15-gallon size plant must be provided for every five linear feet of exterior wall. Alternatively, at least one twenty-four-inch box size plant must be provided for every 10 linear feet of exterior wall. b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought-tolerant.
d. All landscaping must be from the city's approved plant list.

10. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs that are approved under subsection D.1 or D.2 above.

1. Impact Fees.
a. No impact fee is required for a JADU or for an ADU that has is less than 750 square feet of interior livable space.in size. For purposes of this subsection

C – Page 587 of 696
G.1, "impact fee" means a “fee” under the Mitigation Fee Act (Gov. Code Section 66000(b)) and a fee under the Quimby Act (Gov. Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(1)(C), and is therefore not subject to school fees under Education Code section 17620.
c. Any impact fee that is required for an ADU that has is 750 square feet or more of interior livable space larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling).

2. Utility Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in subsection G.2.a, JADUs and converted ADUs on a single-family lot that are created under subsection D.1.a above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
c. Except as described in subsection G.2.a, all ADUs that are not covered by subsection G.2.b require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

C – Page 588 of 696

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs and JADUs Constructed Before 20182020. a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards; or ii. The ADU or JADU does not comply with the state ADU or JADU law (Government Code Section 65852.2) or this ADU ordinance (Section

93.23.14).
b. Exceptions:
i. Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 20182020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. protect the health and safety of the public or of occupants of the structure.
ii. Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and JADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections A through H of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

C – Page 589 of 696

CITY COUNCIL STAFF REPORT
DATE: JANUARY 14, 2026 BUSINESS AND LEGISLATIVE
SUBJECT: APPROVE THE REQUEST FOR FINANCIAL ASSISTANCE AND LOAN COMMITMENT FOR DEVELOPMENT OF AN 82-UNIT AFFORDABLE
HOUSING PROJECT LOCATED AT 305 WEST SAN RAFAEL
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development
SUMMARY:

Red Tail Multifamily Land Development, in partnership with Affordable Housing Access (“Developer”), proposes to construct a 100 percent affordable multifamily housing community on approximately 4.05 acres located at 305 West San Rafael Drive, within the Desert Highland Gateway Estates neighborhood. The site is currently vacant and designated in the City’s Housing Element as suitable for new affordable housing development.

The project will provide 82 rental units, including 81 deed-restricted low-income units and one on-site manager’s unit, serving households earning up to 60 percent of the Area Median Income (AMI). The development will feature a mix of one-, two-, and threebedroom apartments with on-site amenities such as a community building, playground, laundry facilities, outdoor gathering spaces, and landscaped open areas designed for families.

The Developer has requested City assistance to address a financing gap of approximately $8.7 million, seeking a $3.8 million subordinate loan and fee reductions pursuant to the City’s Affordable and Multi-Family Housing Incentive Program under Resolution No. 24654. The City’s investment will be used to leverage additional funding through the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) 4 percent tax-exempt bond program.

The project supports the City’s ongoing commitment to expanding its affordable housing inventory, promoting equitable neighborhood investment, and providing stable, highquality homes for working families and residents transitioning from housing insecurity.

A – Page 590 of 696
City Council Staff Report
January 14, 2026 -- Page 2
305 W. San Rafael Funding Commitment
RECOMMENDATION:

1. Approve a funding commitment in the amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) to Red Tail Multifamily Land Development for the construction of an 82-unit affordable rental housing development at 305 W. San Rafael Drive.

2. Authorize the City Manager to execute all loan documents and related agreements, subject to approval by the City Attorney, consistent with the terms described herein.

3. Acknowledge that the project is eligible for fee reductions pursuant to Resolution No. 24654, the Affordable and Multi-Family Housing Incentive Program, which provides a 100 percent reduction of applicable Development Impact Fees and Developer Fees for projects that are 100 percent affordable.

4. Direct staff to schedule, at a future date, a Tax Equity and Financial Responsibility Act (TEFRA) hearing pursuant to Section 147(f) of the Internal Revenue Code, issue public notice, and return to the City Council for consideration of approval of qualified private-activity bonds to be issued by an outside issuer.

BACKGROUND:

A Major Development Permit for the project was approved by the Planning Commission on November 18, 2025. An appeal of the Planning Commission’s decision was filed on December 1, 2025 by adjacent property owners. The appeal is scheduled for City Council consideration on January 14, 2026, at the same meeting at which the Developer has requested action on the City’s financial commitment. The appeal challenges the Project’s height, massing, privacy impacts, siting of service areas, and the adequacy of environmental review, among other items.

Because the Development Permit approval is a prerequisite for the Project to move forward, Council must determine whether it is appropriate to act on the funding request while the land use entitlement is under appeal.

Staff has confirmed with the City Attorney’s Office that the Council may take action on the funding request, provided that any approval is expressly conditioned on the outcome of the appeal and on the Project receiving final, unchallenged entitlements. A conditional funding approval does not predetermine or prejudge the appeal; rather, it preserves the City’s ability to submit timely financing applications should the entitlement be upheld.

To maintain procedural clarity, staff recommends including the following condition in the Council’s funding action:
“This funding commitment shall not become effective unless and until the City Council denies the pending appeal and the Project’s Major

A – Page 591 of 696
City Council Staff Report
January 14, 2026 -- Page 3
305 W. San Rafael Funding Commitment
Development Permit becomes final, or unless the Project otherwise receives all required entitlements in a form acceptable to the City Manager and City Attorney. No City funds will be disbursed, and no loan documents will be executed, until the Project obtains final, non-appealable land use approvals.”
This approach allows the Developer to maintain progress on its financing schedule while ensuring that the City’s action is fully conditioned on the resolution of the appeal and compliance with all required entitlements.

Should the Council uphold the appeal, the funding commitment would automatically terminate, as the Project would no longer have the necessary entitlements to proceed. In that event, no additional Council action would be required to rescind the commitment.

Approval of the funding request does not constitute a finding or determination regarding the merits of the appeal. The funding request is independent and may be conditioned to ensure it becomes effective only if the Project ultimately receives all necessary approvals.

STAFF ANALYSIS:

The Project will include 82 total units, consisting of 81 deed-restricted affordable units and one manager’s unit. The Project therefore contributes a total of 81 RHNA-creditable units, substantially advancing the City’s Housing Element goals and supporting equitable production in the Desert Highland Gateway Estates neighborhood.

The Developer has submitted a preliminary development budget totaling $32,973,609, which is broken down in Table 2 on the following page. The financing package is expected to include tax-exempt bond proceeds, 4% Low-Income Housing Tax Credits, and a City subordinate loan. The Developer is targeting a first-round 2026 4% tax credit application to the California Tax Credit Allocation Committee (CTCAC) / California Debt Limit Allocation Committee (CDLAC) and the application is due February 3, 2026. Staff’s goal is to ensure that City actions, including consideration of the funding request, maintain the Project’s eligibility and competitiveness for this application cycle. Timely Council action is therefore critical to support the Developer’s ability to secure tax-exempt bonds and LowIncome Housing Tax Credits, which are essential components of the Project’s financing plan. If awarded, construction would be required to begin by Q4 2026. Construction duration is estimated at 18-20 months, resulting in a projected completion date in early 2028. Loan disbursement is anticipated in Q1 2028, consistent with the project financing schedule.

Table 1: Sources of Funds
Source Category Amount Notes
Permanent Bond Proceeds $10,723,236 Tax-exempt bonds

A – Page 592 of 696
City Council Staff Report
January 14, 2026 -- Page 4
305 W. San Rafael Funding Commitment
Table 2: Uses of Funds
Use Category Amount Notes
Land Acquisition $1,435,000 Purchase of 305 W. San
Rafael
Direct Construction
Costs $18,184,741 Residential + onsite + offsite + solar Architectural &
Engineering $1,500,000 A/E design + consultants
Permits, Fees &
Studies $2,550,000 Building permits, impact fees, studies Developer Fee $3,824,778 Portion deferred
Contingency $1,439,237 Construction contingency
Financing Costs $3,095,181 Loan fees, bond issuance,
interest
Insurance, Legal,
Admin
$750,000
(approx.)
Builders risk, legal,
accounting
Reserves & Misc. Soft
Costs $194,672 Reserves, furnishings, marketing
TOTAL USES $32,973,609 Matches pro forma total
The Project is located within the Desert Highland Gateway Estates neighborhood. The Developer has initiated outreach to schedule introductory meetings with neighborhood stakeholders and has committed to ongoing communication throughout the entitlement and development process.

The City will provide a loan of $3,800,000 for permanent financing. The loan will bear Source Category Amount Notes
Tax Credit Equity (4% LIHTC) $12,197,268 Based on 4% federal credits City Loan $3,800,000 Updated amount requested
Deferred Developer Fee $1,353,104 Soft-source contribution Additional Gap Financing $4,900,001 Increased to fill total stack TOTAL SOURCES $32,973,609 Equals total uses

A – Page 593 of 696
City Council Staff Report
January 14, 2026 -- Page 5
305 W. San Rafael Funding Commitment
simple interest at 3 percent per annum, carry a 55-year affordability term, and be secured

A – Page 594 of 696
City Council Staff Report
January 14, 2026 -- Page 5
305 W. San Rafael Funding Commitment
by a deed of trust against the land and improvements. Repayment will be based on annual residual receipts over a 57-year loan term. The City anticipates disbursing the loan funds in the first quarter of 2028, contingent upon satisfaction of all pre-closing conditions, execution of loan documents, and confirmation of all project financing commitments.

Pursuant to Resolution No. 24654, the City will extend the Affordable and Multi-Family Housing Incentive Program to the project. That resolution provides a “reduction of 100 percent of applicable Development Impact Fees and Developer Fees for projects that are 100 percent affordable.” Developer Fees are defined as “development processing and administrative fees such as application, processing, plan check, and inspection fees required by the City’s codes, ordinances, or resolutions.” To comply with federal requirements for private-activity bond financing, staff will schedule, pursuant to Section 147(f) of the Internal Revenue Code, a Tax Equity and Financial Responsibility Act (TEFRA) hearing at a future date. Public notice will be issued in advance of the hearing, and Council approval of qualified private-activity bonds (to be issued by an outside issuer) will follow.

ENVIRONMENTAL ASSESSMENT:

The proposed City action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15192–15194, which provide a statutory exemption for affordable housing projects meeting specified criteria. The project qualifies for this exemption because it is a 100 percent affordable housing development located on an infill site, provides more than the minimum required number of affordable units, and complies with all applicable density and location standards. As a statutory exemption, the project is not subject to further CEQA review or environmental analysis.

ALIGNMENT WITH STRATEGIC PLANNING:

This action advances the City’s Strategic Plan priorities related to Housing and Neighborhood Investment, including increasing the supply of high-quality affordable housing, promoting equitable access to housing opportunities, and supporting long-term neighborhood stability. The Project also aligns with the City’s broader goals of enhancing Quality of Life, expanding housing options for working families, and fostering resilient, inclusive communities.

FISCAL IMPACT:

Approval of this item commits $3,800,000 in City affordable housing funds to the Red Tail project, to be disbursed in FY 2028. Applicable fees eligible under Resolution No. 24654 will be waived for this 100 percent affordable development.

A – Page 595 of 696
City Council Staff Report
January 14, 2026 -- Page 5
305 W. San Rafael Funding Commitment

A – Page 596 of 696
City Council Staff Report
January 14, 2026 -- Page 6
305 W. San Rafael Funding Commitment
REVIEWED BY:

Department Director: Jay Virata
Director of Finance & Treasury: Kristopher J. Mooney
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Project Conceptual Design Submittal (Edited)
B. Developer Request Letter (September 30, 2025)
C. Funding Commitment Letter (January 2026)
D. Resolution Number 24654 – Affordable and Multi-Family Housing Incentive Program

A – Page 597 of 696
JOB NO.

DATE
A9
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.

Scale
2022-776
Date
Job No.

Scale
A-20
NORTH
1" = 30'

BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’

BUILDING A COMPOSITE PLAN - LEVEL TWO
2ND FLOOR
C1
C1
A1
B1
A1
A1
B1
B1
A1
B1
C1
C1

BUILDING TYPE A
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2
LEGEND

RESIDENTIAL

LEASING & AMENITIES

A – Page 598 of 696
JOB NO.

DATE
A10
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.

Scale
2022-776
Date
Job No.

Scale
A-20
NORTH
1" = 30'

BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’

BUILDING A COMPOSITE PLAN - LEVEL THREE
3RD FLOOR
C1 B1 A1 B1

ROOF BELOW

ROOF BELOW ROOF BELOW

BUILDING TYPE A
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2
LEGEND

RESIDENTIAL

LEASING & AMENITIES

A – Page 599 of 696
JOB NO.

DATE
A11
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.

Scale
2022-776
Date
Job No.

Scale
A-20
NORTH
1" = 30'

BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’

BUILDING A - ALT COMPOSITE PLAN - LEVEL ONE
1ST FLOOR

LEASING
LOUNGE

COMMUNITY
ROOM
A1
B1
A1
A1
B1
B1
A1
B1
C1
C1
OFFICE
MAIL
PARCEL
MECH
OFFICE

BATHROOM

DESK WITH LOW WALL
LOW WALL UP TO 48" PER ELEVATION
KICHENETTE UTIL.

UTIL.

COMMUNITY ROOM
1,160 GSF

LEASING LOUNGE
403 GSF

BUILDING TYPE A-ALT
0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2.1
LEGEND

RESIDENTIAL

LEASING & AMENITIES

A – Page 600 of 696
JOB NO.

DATE
A12
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.

Scale
2022-776
Date
Job No.

Scale
A-20
NORTH
1" = 30'

BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’

BUILDING A - ALT COMPOSITE PLAN - LEVEL TWO BUILDING TYPE A-ALT 0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2.1
LEGEND

RESIDENTIAL

LEASING & AMENITIES

A – Page 601 of 696
JOB NO.

DATE
A13
2025-0353
06-17-2025
305 W. SAN RAFAEL
PALM SPRINGS, CA Date 11-03-2023
Job No.

Scale
2022-776
Date
Job No.

Scale
A-20
NORTH
1" = 30'

BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
1” = 8’
0 8’ 16’ 24’ 32’

BUILDING A - ALT COMPOSITE PLAN - LEVEL THREE BUILDING TYPE A-ALT 0 8' 16' 24' 32'
1"=8'
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL A2.1
LEGEND

RESIDENTIAL

LEASING & AMENITIES

A – Page 602 of 696
JOB NO.

DATE
A14
2025-0353
06-17-2025
305 W. SAN RAFAEL

PALM SPRINGS, CA

CONCEPTUAL ELEVATIONS - NORTH SOUTH
1/8”=1’-0”
0 8’ 16’ 24’ 32’
40'-6"
10'-1"
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
MAX. HEIGHT
10'-1"
40'-6"
MAX. HEIGHT
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
CONCEPTUAL ELEVATIONS A3.0
0 8' 16' 24' 32'
1"=8'
2 4 4
2 SOUTH ELEVATION 1
NORTH
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
1 NORTH ELEVATION
VIRGINIA RD.

SAN RAFAEL DR.

A – Page 603 of 696
JOB NO.

DATE
A15
Date 11-03-2023
Job No.

Scale
2022-776
Date
Job No.

Scale
A-20
NORTH
1" = 30'

BUILDING PLAN
0 30' 60' 90' 120' 11-06-2023
2025-0353
06-17-2025
305 W. SAN RAFAEL

PALM SPRINGS, CA
1/8”=1’-0”
0 8’ 16’ 24’ 32’

CONCEPTUAL ELEVATIONS - EAST WEST
40'-6"
MAX. HEIGHT
10'-1"
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
40'-6"
10'-1"
LEVEL 1
(+0'-0")
LEVEL 2
(+10'-1")
LEVEL 3
(+20'-2")
ROOF
(+31'-3")
10'-1" 11'-1"
MAX. HEIGHT
CONCEPTUAL ELEVATIONS A3.0
0 8' 16' 24' 32'
1"=8'
2 3 4
4 EAST ELEVATION 1
NORTH
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL
.\The Previti Group_Logo.png
3 WEST ELEVATION
VIRGINIA RD.

SAN RAFAEL DR.

A – Page 604 of 696
JOB NO.

DATE
A16
2025-0353
06-17-2025
305 W. SAN RAFAEL

PALM SPRINGS, CA

UNIT PLANS
1/4”=1’-0”
0 4’ 8’ 12’ 16’
L
36" TUB
CB
DW
CB
W/D
24'-0"
30'-10"
UNIT A1: 1BR|1BA
LIVABLE AREA: 674 SQ. FT.

BALCONY AREA: 58 SQ. FT.

BALCONY
11'-3" X 5'-2"
LIVING
11'-6" X 14'-3"

BEDROOM
11'-6" X 11'-7"
REF
P
BATH
ENTRY

KITCHEN
W.I.C.

COATS
UNIT B1: 2BR|2BA
LIVABLE AREA: 948 SQ. FT.

BALCONY AREA: 54 SQ. FT.
33'-8"
30'-10"

BALCONY
10'-6" X 5'-2"

LIVING / DINING
11'-4" X 20'-2"
BEDROOM 2
10'-4" X 11'-0"
36" TUB
CB
DW
CB
M. BEDROOM
10'-8" X 12'-0"
REF
P

KITCHEN
36" TUB
M. BATH
BATH 2
ENTRY
W/D
COATS
W.I.C
W.I.C
L
36" TUB
BATH 2
36" TUB
W/D
BEDROOM 2
11'-11" X 11'-0"
SH
M. BATH
W.I.C.

BEDROOM 3
11'-11" X 11'-0"
M. BEDROOM
11'-7" X 11'-5"

BALCONY
11'-4" X 5'-2"
30'-10"
39'-0"
REF
P
LIVING
11'-8" X 13'-0"
ENTRY
UNIT C1: 3BR|2BA
LIVABLE AREA: 1091 SQ. FT.

BALCONY AREA: 60 SQ. FT.

DW

KITCHEN
CB CB
DINING
COATS

UNIT PLANS
0 4' 8' 12' 16'
1"=4'
A16
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL

A – Page 605 of 696
JOB NO.

DATE
A17
2025-0353
06-17-2025
305 W. SAN RAFAEL

PALM SPRINGS, CA

TRASH ENCLOSURES
1” = 4’
0 4’ 8’ 12’ 16’

STEEL POST- PAINTED

TO MATCH BUILDING COLOR

ROOF ABOVE

STEEL POST- PAINTED

TO MATCH BUILDING COLOR

ROOF ABOVE

PARKING
STALL

PARKING
STALL
36'-0"
9'-0" 9'-0" 9'-0" 9'-0"
18'-0"

PARKING
STALL

PARKING
STALL

PARKING
STALL

PARKING
STALL

PARKING
STALL

PARKING
STALL
54'-0"
9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0"
18'-0"

CURB CURB
19'-0"
8'-2" MIN. AT

ACCESSIBLE CARPORTS
(WHERE NOTED ON SITE)
CURB
2'-0"
7'-0"

TYPICAL
FIELD VERIFY (12'-0" MAX.)
7'-0"

TYPICAL
NOTES:

1. SHOP DRAWINGS AND CALCULATIONS REQUIRED

TO BE DRAWN AND SEALED BY A REGISTERED
STRUCTURAL ENGINEER.

2. CARPORT UNDER SEPARATE PERMIT AND REVIEW.
-DETAIL FOR REFERENCE ONLY.

3. PAINT TO MATCH APARTMENT BUILDING COLOR
INCLUDING THE UNDERSIDE OF THE ROOF.
18'-0"
FRONT ELEVATION REAR-SIM.

STEEL POST

PAINTED
8'-2" MIN. AT

ACCESSIBLE CARPORTS
(WHERE NOTED ON SITE)

METAL FASCIA
9'-0" 9'-0" 9'-0"
FIELD VERIFY (12'-0" MAX.)

METAL ROOFING
NOTE:

PAINT ALL EXPOSED ELEMENTS

TO MATCH BUILDING COLOR

SIDE ELEVATION
NOTE: CARPORT SHOWN FOR DESIGN CONCEPT ONLY. PLANS, AND DETAILS BY MANUFACTURER REQUIRE SEPARATE SUBMITTAL AND REVIEW FOR BUILDING PERMITS.

SPECIFICATION - VERIFY

CONCRETE FOOTING PER MFGR
PAVING

STEEL CARPORT STRUCT

FRAMING - MFGR TO PROVIDE

ENGINEERED SHOP DRAWINGS

SUBJECT TO CITY APPROVAL

METAL ROOFING

METAL FASCIA
fda
DRIVE
WAY
NOTE:

PAINT ALL EXPOSED ELEMENTS

TO MATCH BUILDING COLOR
9'-0"
18'-0"
9'-0"
8'-0"

PARKING
9'-0"
18'-0"

PARKING PARKING PARKING
5'-0"

MIN CLEAR

TYP FOR

HC ACCESS
17'-0"
TS 4X4 POST
TYP. OF 6
8" 5'-7" 5'-10"
18'-4"
5'-7" 8"
7'-7" 3'-0" 7'-9"
18'-4"
4 CU. YD.

BIN BY EDCO
8' CONCRETE APRON PER EDCO

VERIFY LENGTH WITH CIVIL
8'-2" 8'-2"
4 CU. YD.

BIN BY EDCO
4 CU. YD.

BIN BY EDCO
4 CU. YD.

BIN BY EDCO
1'-6"
TYP.
1'-2"
TYP.

SLOPE 2%
MIN
6'-0"

METAL ROOF
ABOVE
7'-6"
METAL

PAINTED GATE

STUCCO WALL,

COLOR TO MATCH EXISTING

RESIDENTIAL BUILIDNG
6'-0"
7'-6"
METAL

PAINTED GATE
4"x4"x1/4" TUBE STEEL EMBEDDED
INTO CONC. FOOTING. OF CMU

WALL, REFER TO STRUCTURAL
DRAWINGS.

GATE HINGE-WELD TO FRAME

AND TUBE
1/4" THICK PLATE STEEL PLATE
2" x 4" x 1/4" ANGLE FRAME @ 4

SIDES OF GATE WELD ALL

CONNECTIONS SHOP PRIME &

PAINTED
1/2" DIA. DIAGONAL SWAY ROD W/

TURNBUCKLE-WELD TO GATE
FRAME

CORRUGATED STEEL PANEL
ALIGN
1 15/32"
8" STUCCO WALL W/ EXTERIOR

PLASTER FINISH

STANDARD CARPORT ELEVATIONS

STANDARD HANDICAP CARPORT PLAN STANDARD CARPORT PLAN

STANDARD HANDICAP PARKING PLAN

TRASH ENCLOSURE TYPICAL PLAN

STANDARD PARKING PLAN

TRASH ENCLOSURE TYPICAL ELEVATIONS
FRONT
REAR

LEFT/RIGHT
PALM SPRINGS, CA 08-04-2025
2025-0353
DATE
JOB NO.
305 W. SAN RAFAEL PARKING, CARPORT, & TRASH ENCLOSURE DETAIL A6.0

TRASH ENCLOSURE GATE DETAIL

A – Page 606 of 696
JOB NO.

DATE
A18
2025-0353
06-17-2025
305 W. SAN RAFAEL

PALM SPRINGS, CA

COLOR & MATERIAL BOARD
1” = 4’
0 4’ 8’ 12’ 16’
A1

4. FABRICATED METAL RAILINGS

TO MATCH PAINT SPEC F

3. ALUMINUM STOREFRONT SYSTEM

DARK BRONZE

2. RECESSED VINYL WINDOWS
WHITE

5. METAL LOUVERED AWNINGS

TO MATCH PAINT SPEC F

10.METAL CLADDED COLUMNS

TO MATCH PAINT SPEC A

9. ARCHITECTURAL OVERHANGS

SMOOTH STUCCO

TO MATCH PAINT SPECS A & F

8. PORCELAIN TILE

WOOD LOOK - PINE

7. ARCHITECTURAL FOAM TRIMS

SIZES AND SHAPES WILL VARY

TO MATCH PAINT SPECS

6. DECORATIVE WOOD/METAL

BATTENS

TO MATCH PAINT SPEC D

1. STUCCO 20/30 SAND FINISH

TO MATCH PAINT SPECS
JOB NO.

DATE
A1 COLOR AND MATERIAL BOARD
2025-0353
08-15-2025
305 W. SAN RAFAEL

PALM SPRINGSCA
E. SW 7510 CHATEAU BROWN F. SW 7069 IRON ORE
C. SW 6005 FOLKSTONE D. SW 6082 COBBLE BROWN
A. SW 7064 PASSIVE B. SW 2849 WESTCHESTER GRAY

PARTIAL SOUTH ELEVATION PARTIAL NORTH ELEVATION
A B 10
1 1
E 5
1 3 C A 6 B C 5 A 8 8 F B 4 F A A 8 2 E F F 8 F A F
1 1 1 1 1 7 1 9 9 1 1 7 7 7 1 7

A – Page 607 of 696
DATE PREPARED: 305 W. SAN RAFAEL DRIVE PRELIMINARY GRADING PLAN LATEST REVISION: PG - PREPARED BY: DEVELOPER: Red Tail Multifamily Dev. Co. IRVINE, CA 92612 PH: 415-249-6194 Contact: RON WU, DIRECTOR, DEVELOPMENT 2082 MICHELSON DRIVE, 3rd. Floor MDS CONSULTING 8/22/25 TECHNICAL SITE PLAN MAY 23, 2025 AUG. 22, 2025 OWNER: SUNIA INVESTMENTS, LLC P L A N N E R S E N G I N E E R S S U R V E Y O R S (760) 674-5776 41-865 BOARDWALK SUITE 218 PALM DESERT, CA 92211 WWW.MDSCONSULTING.NET ASSESSORS PARCEL NUMBERS GENERAL PLAN ZONING LOT AREA LAND USE CATALINA ROAD PUESTA DEL SOL N. VIRGINIA ROAD DENSITY W. SAN RAFAEL DRIVE - 88' (ULTIMATE) R/W PUESTA DEL SOL - 60' R/W N. VIRGINIA ROAD - 50' R/W UTILITY PURVEYORS W. SAN RAFAEL DRIVE PAD = 623.3 FF = 624.00 PAD = 622.8 FF = 623.50 PAD = 623.8 FF = 624.50 PAD = 614.3 FF = 615.00 PAD = 613.8 FF = 614.50 PAD = 613.8 FF = 614.00 FF = 620.00 PAD = 619.3 FF = 619.50 PAD = 618.8 FF = 620.50 PAD = 619.8 BUILDING 1 BUILDING 2 BUILDING 3 ONSITE PRIVATE STREET/PARKING 1 NOTES: EASEMENT NOTES: BASIS OF BEARINGS: BENCHMARK LEGAL DESCRIPTION: EARTHWORK ESTIMATE: A – Page 608 of 696 DATE PREPARED: 305 W. SAN RAFAEL DRIVE PRELIMINARY GRADING PLAN LATEST REVISION: PG - PREPARED BY: DEVELOPER: Red Tail Multifamily Dev. Co. IRVINE, CA 92612 PH: 415-249-6194 Contact: RON WU, DIRECTOR, DEVELOPMENT 2082 MICHELSON DRIVE, 3rd. Floor MDS CONSULTING 8/22/25 TECHNICAL SITE PLAN MAY 23, 2025 AUG. 22, 2025 OWNER: SUNIA INVESTMENTS, LLC P L A N N E R S E N G I N E E R S S U R V E Y O R S (760) 674-5776 41-865 BOARDWALK SUITE 218 PALM DESERT, CA 92211 WWW.MDSCONSULTING.NET PUESTA DEL SOLN. VIRGINIA ROAD W. SAN RAFAEL DRIVE PAD = 623.3 FF = 624.00 PAD = 622.8 FF = 623.50 PAD = 623.8 FF = 624.50 PAD = 614.3 FF = 615.00 PAD = 613.8 FF = 614.50 PAD = 613.3 FF = 614.00 FF = 620.00 PAD = 619.3 FF = 619.50 PAD = 618.8 FF = 620.50 PAD = 619.8 BUILDING 1 BUILDING 2 BUILDING 3SECTION D-D D A A BUILDING 1SECTION A-A B B BUILDING 2 SECTION B-B BUILDING 3SECTION C-C C C BUILDING 3 E E SECTION E-E 2 D A – Page 609 of 696

FRONT T

FRONT T

R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W R/W 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OFFICE

BATHROOM
S. PARCEL
MAIL
MECH
S.

FIXED
ISLAND
OFFICE
CB CB
48"
48"
54"
60"
48"
305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN L1.0 PRELIMINARY DESIGN
SCALE: 1"=30'
L1.0

A – Page 610 of 696

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HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-BLOW UP 'A' SCALE: 1"=20' L1.1 BLOW- UP 'A' 305 W. SAN RAFAEL L1.1

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CB CB CB CB

CB CB CB

CB CB CB

CB CB CB

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CB CB
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CB CBCB CB CB
CB CB ABC 305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-BLOW UP 'B' L1.2 BLOW-UP 'B'
SCALE: 1"=20'
L1.2

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CB CB
CB CB ABC 305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-BLOW UP 'C' L1.3 BLOW-UP 'C'
SCALE: 1"=20'
L1.3

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305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-AMENITIES L1.4-AMENITIES
SCALE: N.T.S.

L1.4

SHADE SAIL

SITE FENCE DOG PARK FENCE

BBQ TRASH/RECYCLE COMBO

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305 W. SAN RAFAEL
HERMANN DESIGN GROUP, INC.77899 WOLF ROAD, SUITE 102, PALM DESERT CA 92211 HDG-INC.COM 305 W. SAN RAFAEL PALM SPRINGS, CA PRELIMINARY DESIGN-PLAYGROUND L1.5-PLAYGROUND
SCALE: N.T.S.

L1.5
PLAYGROUND 2-12 YEAR OLD
PLAYGROUND 2-12 YEAR OLD
FITNESS 13-17 YEAR OLD

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ATTACHMENT B:

Developer Request Letter
(September 30, 2025)

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`
1 [SENT VIA E-MAIL]
July 25, 2025
Revised September 30, 2025
Ariel Bishop-Williams
Housing Services Administrator
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
RE: 305 W. San Rafael Drive – Request for Financial Assistance Dear Ms. Bishop-Williams,
Red Tail Multifamily Land Development and Affordable Housing Access (collectively, “Developer”) are developing the site located at 305 W. San Rafael Drive in the City of Palm Springs (“Property”). A predevelopment application was submitted to the City Planning Department last month that proposes 82 units of lowincome affordable housing (81 deed-restricted units plus a manager’s unit) (“Project”). The purpose of this letter is to request financial assistance from the City in order to make the Project financially possible.

Background
The Property is approximately 4.05 acres and has been historically vacant. Red Tail is currently under contract to purchase the Property from the owner and is scheduled to close at the end of 2025. Developer intends to apply for an allocation of tax-exempt bonds and federal tax credits to finance the construction of the Project. Our current proforma projects a financing gap of approximately $8,700,000 ($106,000 per unit) and requires additional funding sources to fill.

Projects requesting private activity bonds and federal tax credits are scored competitively. For a project to be competitive, public funds are necessary and further enhance the project’s likelihood of obtaining a bond and credit allocation as referenced in Section 10325(9)(A) of the California Tax Credit Allocation Committee (TCAC) regulations. Additionally, Palm Springs is within TCAC’s Inland Empire Region, wherein only 8.3% of all available tax credit awards statewide are allocated per CTCAC regulation 10315(i). As such, we are requesting the City provide assistance through the means described below.

Request for City Assistance
Developer requests the City support the Project in the ways outlined below. Any final terms will be memorialized in an agreement and award letter to be issued upon City approval.

1. Contribute $5,000,000 ($61,000 per unit) to the Project that will be secured by a note and deed of trust and payable from the Project’s residual receipts. The term of the fee deferral note will be 55 years and will accrue simple interest at 3% annually. Repayment will commence once the Project is cash flow

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positive and Developer will make proportionate payments towards all soft loans with 50% of the residual receipts available until the note(s) has been fully repaid.

2. Provide written notice confirming the 100% reduction of the Project’s eligible fee obligations pursuant to the Affordable and Multi-Family Housing Incentive Program established by City Resolution No. 24654;

3. Pursuant to Section 147(f) of the Internal Revenue Code, issue public notice, conduct a Tax Equity & Financial Responsibility Act (TEFRA) hearing, and approval of qualified private activity bonds under by an outside issuer.

Project Finances
Our pro-forma illustrating the financing sources is attached as Exhibit A. Please note that the amounts shown in the pro-forma are estimates and subject to change. We applied for eight (8) project-based vouchers in connection with the Riverside County Housing Authority RFP in August 2025 but were not selected. We intend to apply for the next voucher RFP which is expected to be released in Spring 2026 Developer also will defer at least 20% of the developer fee in order to decrease the funding gap.

Community Outreach
The project is located within the Desert Highland Gateway Estates neighborhood organization. We are in the process of reaching out to schedule an introductory meeting and are committed to consistent outreach and communication with the neighborhood during the development process.

Project Timeline
Developer is targeting a first round 4% tax credit submittal to the California Tax Credit Allocation Committee in 2026 and hopes to work with the City to secure the requests listed above. Assuming tax credit award, it is estimated that the Project would be required to commence construction by Q4 2026.

We are excited to work with the City to bring more affordable housing to the area and are appreciative of staff for considering this request. We look forward to discussing this proposal sometime soon. Please do not hesitate to reach out if there are any questions. Thank you.

Respectfully,
Ron Wu
Development Director
Red Tail Multifamily Land Development

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Exhibit A
Project Pro Forma

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PROJECT SUMMARY PALM SPRINGS AFFORDABLE
81 units plus 1 mgr. unit TE Bonds + 4% Credits
New Construction Non-Rural
Non-PW Family project QCT-Yes DDA-Yes
Amount Rate Amm. / Unit Amount Per Unit
Perm Bond Proceeds $10,723,236 6.00% 40 $130,771 Land Costs $1,435,000 $17,500 Tax Credit Proceeds 12,197,268 NA NA 148,747 Permits, Fees, & Studies 2,550,000 31,098 City Loan 5,000,000 3.00% 0 60,976 Direct Construction Costs 18,184,741 221,765 Gap 3,700,000 0.00% 0 45,122 Offsites 600,000 7,317
Deferred Developer Fee 1,353,104 6.00% NA 16,501 Contingency 1,439,237 17,552 Developer Fee 3,824,778 46,644
Indirect Construction Costs 1,319,969 16,097
Rent-Up Costs 200,000 2,439
Reserves 324,703 3,960
Financing Costs 3,095,181 37,746
$32,973,609 $402,117 $32,973,609 $402,117
Source Amount Date Notes Source Amount Per Unit
Perm Bond Proceeds $10,723,236 Jun-28 Convert Tax Credit Proceeds 1,829,590 $22,312 Tax Credit Proceeds 1,829,590 May-26 Close Construction Loan 25,642,024 $312,708 Tax Credit Proceeds 1,829,590 Jan-28 CofO Deferred Costs 5,501,995 $67,097 Tax Credit Proceeds 8,188,088 Jun-28 Convert
Tax Credit Proceeds 350,000 Sep-28 8609s
City Loan 5,000,000 Apr-28
Gap 3,700,000 Apr-28
Totals 32,973,609 $402,117
Bedrooms Quantity % of Units Avg. Rent
0 1 27 33% $1,111
2 29 36% $1,605
3 25 31% $1,827
4+
Calculation Quantity Bedrooms AMI Rent Util. Amount Per Unit MGR 1 2 0% $0 $0 Management 0 $0
TCAC 2 1 30% 629 0 Administration 0 0
TCAC 8 1 30% 629 0 Salaries & Benefits 500,000 6,098
TCAC 3 1 50% 1,049 0 Maintenance 0 0
TCAC 14 1 70% 1,469 0 Utilities 0 0
TCAC 3 2 30% 755 0 Insurance 0 0
TCAC 3 2 50% 1,258 0 Taxes 12,300 150
TCAC 23 2 70% 1,761 0 Services 45,840 559
TCAC 3 3 30% 873 0 Reserves 24,600 300
TCAC 3 3 50% 1,455 0 Fees 8,065 98
TCAC 19 3 70% 2,037 0 Totals $590,805 $7,205
CDLAC Tiebreaker 139.05% Const. Length 20
Site (acres) 0.00 CL Closing: 5/18/26
Debt Cov. Ratio 1.15 Est. Completion 1/1/28
Vacancy Factor 5.0% Const. Loan 25,642,024
Taxable Rate 6.50%
Tax Empt Rate 6.35%
Printed on 9/30/25 at 4:29 PM Version: 25.5.1 Updated by: Tyler White on 9/26/25 Expenses
Assumptions Assumptions
Source Pay in Schedule Construction Sources
Bedroom Mix/Average Rent
Rent Schedule Operating Expenses
Source Uses
Permanent Sources Permanent Uses
Red Tail Multifamily

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USES, EXPENSES AND CREDITS PALM SPRINGS AFFORDABLE
81 units plus 1 mgr. unit TE Bonds + 4% Credits
New Construction Non-Rural
Non-PW Family project QCT-Yes DDA-Yes
Description Amount NC. Basis Acq. Basis Per Unit Amount Per Unit Acquisition Cost $1,400,000 $0 $0 $17,073 Operating Expenses $500,000 $6,098 Appraisals 15,000 0 0 183 Real Estate Taxes 12,300 150
Holding Costs 20,000 0 0 244 Social Services 45,840 559 Building Fees & Permits 350,000 350,000 0 4,268 Replacement Reserves 24,600 300 Impact Fees 700,000 700,000 0 8,537 Bond Issuer Fees 8,065 98 Architectural & Engineering 1,500,000 1,500,000 0 18,293 Offsite Construction (Undergrounding) 600,000 600,000 0 7,317 Onsite Improvements 3,150,000 3,150,000 0 38,415
Solar 1,000,000 1,000,000 0 12,195
Residential Construction 12,120,000 12,120,000 0 147,805 General Conditions 927,850 927,850 0 11,315
Contractor's Overhead & Profit 800,903 800,903 0 9,767
Performance Bond 185,988 185,988 0 2,268
Construction Contingency 939,237 939,237 0 11,454
Developer Fee 3,824,778 3,824,778 0 46,644
Financial Advisory 300,000 300,000 0 3,659
Construction Manager 150,000 150,000 0 1,829
Builders Risk Insurance 464,969 464,969 0 5,670
Audit and Accounting 55,000 35,000 0 671
Legal Fees 335,000 75,000 0 4,085
Market Study 15,000 15,000 0 183
Project Contingency 500,000 250,000 0 6,098
Lease-up and Marketing 100,000 0 0 1,220
Capitalized Operating Reserve 324,703 0 0 3,960
Common Area Furnishings 100,000 100,000 0 1,220
Construction Period Interest 2,291,786 1,577,942 0 27,949 Construction Loan Fees 361,420 231,632 0 4,408
Permanent Loan Fees 107,232 0 0 1,308
TCAC Fees 73,448 0 0 896 Total $590,805 $7,205
CDLAC Fees 86,294 0 0 1,052
Bond Issuance Costs 115,000 0 0 1,402 Bond allocation 16,129,732 Title and Recording 60,000 25,000 0 732 Aggregate basis 30,723,299 = 52.50% Exceeding 50% test by 768,082
4% Federal Acq. Fed. State
Eligible Basis 29,323,299 0
Excluded 0 0
Unadjusted 29,323,299 0 0
Basis Limit
Boost 130% 100%
Adjusted 38,120,288 0
Applicable 100.0% 100.0% 100.0%
Qualified 38,120,288 0 0
Reduction 0 0 0
Adj. Qualified 38,120,288 0
Rate Factor 4.00% 4.00% 30.00%
Annual Credits 1,524,811 0
Federal Credits 15,248,110 State Credits 0
Credit Price 0.80 0.82
Proceeds 12,197,268 0
Totals $32,973,609 $29,323,299 $0 $402,117 Total $12,197,268 Printed on 9/30/25 at 4:29 PM Updated by: Tyler White on 9/26/25 50% Test
Version: 25.5.1
Tax Credit Calculation
65,158,486
Description
Development Uses Operating Expenses
Red Tail Multifamily

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CASH FLOW YR 1-10 PALM SPRINGS AFFORDABLE
81 units plus 1 mgr. unit TE Bonds + 4% Credits
New Construction Non-Rural
Non-PW Family project QCT-Yes DDA-Yes
Year 1 2 3 4 5 6 7 8 9 10
Rental Income 1,466,813 1,503,483 1,541,070 1,579,597 1,619,087 1,659,564 1,701,053 1,743,579 1,787,169 1,831,848 Other Income 12,150 12,454 12,765 13,084 13,411 13,747 14,090 14,443 14,804 15,174 Vacancy Loss 73,948 75,797 77,692 79,634 81,625 83,666 85,757 87,901 90,099 92,351 Adjusted Gross Income 1,405,015 1,440,140 1,476,144 1,513,047 1,550,873 1,589,645 1,629,386 1,670,121 1,711,874 1,754,671 Standard Expenses 500,000 517,500 535,613 554,359 573,762 593,843 614,628 636,140 658,405 681,449 Property Taxes 12,300 12,546 12,797 13,053 13,314 13,580 13,852 14,129 14,411 14,700 Supportive Services 45,840 46,986 48,161 49,365 50,599 51,864 53,160 54,489 55,852 57,248 Non-Inflated Expenses 8,065 8,065 8,065 8,065 8,065 8,065 8,065 8,065 8,065 8,065 Replacement Reserves 24,600 24,600 24,600 24,600 24,600 24,600 24,600 24,600 24,600 24,600 Total Expenses 590,805 609,697 629,235 649,441 670,339 691,952 714,305 737,423 761,332 786,061 Perm Debt Service 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 Total Debt Service 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 Operating Reserve Balance 324,703 324,703 324,703 324,703 324,703 324,703 324,703 324,703 324,703 324,703 Operating Reserve Draws 0 0 0 0 0 0 0 0 0 0
Net Operating Income 814,210 830,443 846,909 863,606 880,534 897,693 915,082 932,698 950,542 968,610 Debt Service Coverage 1.15 1.17 1.20 1.22 1.24 1.27 1.29 1.32 1.34 1.37 Cash after Exp & DS 106,201 122,435 138,900 155,597 172,526 189,685 207,073 224,690 242,533 260,601 LP Fee Balance 0 0 0 0 0 0 0 0 0 0
LP Fee Due 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6,334 6,524 LP Fee Paid 5,000 5,150 5,305 5,464 5,628 5,796 5,970 6,149 6,334 6,524 Cash Flow 101,201 117,285 133,596 150,134 166,898 183,888 201,103 218,540 236,199 254,077 MGP Fee Balance 0 0 0 0 0 0 0 0 0 0
MGP Fee Due 10,000 10,300 10,609 10,927 11,255 11,593 11,941 12,299 12,668 13,048 MGP Fee Paid 10,000 10,300 10,609 10,927 11,255 11,593 11,941 12,299 12,668 13,048 Cash Flow 91,201 106,985 122,987 139,206 155,643 172,296 189,162 206,242 223,531 241,030 Deferred Developer Fee 1,353,104 1,261,903 1,154,918 1,031,932 892,725 737,082 564,787 375,625 169,383 0 Dev. Fee Payments 91,201 106,985 122,987 139,206 155,643 172,296 189,162 206,242 169,383 0 Cash Flow 0 0 0 0 0 0 0 0 54,149 241,030
City Loan 0 0 0 0 0 0 0 0 0 0
Loan Balance 5,000,000 5,150,000 5,300,000 5,450,000 5,600,000 5,750,000 5,900,000 6,050,000 6,200,000 6,322,926 Interest Charge 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 Payments 0 0 0 0 0 0 0 0 27,074 120,515
Ending Balance 5,150,000 5,300,000 5,450,000 5,600,000 5,750,000 5,900,000 6,050,000 6,200,000 6,322,926 6,352,411 Cash Flow 0 0 0 0 0 0 0 0 27,074 120,515
AGP Fee Balance 0 10,000 20,300 30,909 41,836 53,091 64,684 76,625 88,923 74,517 AGP Fee Due 10,000 10,300 10,609 10,927 11,255 11,593 11,941 12,299 12,668 13,048 AGP Fee Paid 0 0 0 0 0 0 0 0 27,074 87,565
Cash Flow 0 0 0 0 0 0 0 0 0 32,950
Year 1 2 3 4 5 6 7 8 9 10
Printed on 9/30/25 at 4:29 PM Version: 25.5.1 Updated by: Tyler White on 9/26/25 Cash Flow
Red Tail Multifamily

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CASH FLOW YR 11-20 PALM SPRINGS AFFORDABLE
81 units plus 1 mgr. unit TE Bonds + 4% Credits
New Construction Non-Rural
Non-PW Family project QCT-Yes DDA-Yes
Year 11 12 13 14 15 16 17 18 19 20
Rental Income 1,877,644 1,924,586 1,972,700 2,022,018 2,072,568 2,124,382 2,177,492 2,231,929 2,287,727 2,344,921 Other Income 15,553 15,942 16,340 16,749 17,168 17,597 18,037 18,488 18,950 19,424 Vacancy Loss 94,660 97,026 99,452 101,938 104,487 107,099 109,776 112,521 115,334 118,217 Adjusted Gross Income 1,798,538 1,843,501 1,889,589 1,936,828 1,985,249 2,034,880 2,085,752 2,137,896 2,191,343 2,246,127 Standard Expenses 705,299 729,985 755,534 781,978 809,347 837,674 866,993 897,338 928,745 961,251 Property Taxes 14,994 15,294 15,599 15,911 16,230 16,554 16,885 17,223 17,567 17,919 Supportive Services 58,679 60,146 61,650 63,191 64,771 66,390 68,050 69,751 71,495 73,282 Non-Inflated Expenses 8,065 8,065 8,065 8,065 8,065 8,065 8,065 8,065 8,065 8,065 Replacement Reserves 24,600 24,600 24,600 24,600 24,600 24,600 24,600 24,600 24,600 24,600 Total Expenses 811,637 838,089 865,448 893,745 923,012 953,283 984,593 1,016,977 1,050,472 1,085,116 Perm Debt Service 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 Total Debt Service 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 708,009 Operating Reserve Balance 324,703 324,703 324,703 324,703 324,703 324,703 324,703 324,703 324,703 324,703 Operating Reserve Draws 0 0 0 0 0 0 0 0 0 0
Net Operating Income 986,901 1,005,412 1,024,140 1,043,083 1,062,236 1,081,597 1,101,159 1,120,919 1,140,872 1,161,011 Debt Service Coverage 1.39 1.42 1.45 1.47 1.50 1.53 1.56 1.58 1.61 1.64 Cash after Exp & DS 278,892 297,403 316,132 335,075 354,228 373,588 393,151 412,911 432,863 453,002 LP Fee Balance 0 0 0 0 0 0 0 0 0 0
LP Fee Due 6,720 6,921 7,129 7,343 7,563 7,790 8,024 8,264 8,512 8,768 LP Fee Paid 6,720 6,921 7,129 7,343 7,563 7,790 8,024 8,264 8,512 8,768 Cash Flow 272,172 290,482 309,003 327,732 346,665 365,798 385,127 404,647 424,351 444,234 MGP Fee Balance 0 0 0 0 0 0 0 0 0 0
MGP Fee Due 13,439 13,842 14,258 14,685 15,126 15,580 16,047 16,528 17,024 17,535 MGP Fee Paid 13,439 13,842 14,258 14,685 15,126 15,580 16,047 16,528 17,024 17,535 Cash Flow 258,733 276,640 294,745 313,047 331,539 350,219 369,080 388,118 407,327 426,699 Deferred Developer Fee 0 0 0 0 0 0 0 0 0 0
Dev. Fee Payments 0 0 0 0 0 0 0 0 0 0
Cash Flow 258,733 276,640 294,745 313,047 331,539 350,219 15.37 M 388,118 407,327 426,699 City Loan 0 0 0 0 0 0 0 0 0 0
Loan Balance 6,352,411 6,373,044 6,384,724 6,387,352 6,380,829 6,365,059 6,339,950 0 0 0 Interest Charge 150,000 150,000 150,000 150,000 150,000 150,000 150,000 0 0 0 Payments 129,367 138,320 147,373 156,523 165,770 175,109 6,489,950 0 0 0 Ending Balance 6,373,044 6,384,724 6,387,352 6,380,829 6,365,059 6,339,950 0 0 0 0 Cash Flow 129,367 138,320 147,373 156,523 165,770 175,109 8,879,131 388,118 407,327 426,699 AGP Fee Balance 0 0 0 0 0 0 0 0 0 0
AGP Fee Due 13,439 13,842 14,258 14,685 15,126 15,580 16,047 16,528 17,024 17,535 AGP Fee Paid 13,439 13,842 14,258 14,685 15,126 15,580 16,047 16,528 17,024 17,535 Cash Flow 115,928 124,478 133,115 141,838 150,644 159,530 8,863,083 371,590 390,302 409,164 Year 11 12 13 14 15 16 17 18 19 20
Printed on 9/30/25 at 4:29 PM Version: 25.5.1 Updated by: Tyler White on 9/26/25 Cash Flow
Red Tail Multifamily

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ATTACHMENT C:

Funding Commitment Letter (January 2026)

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City of Palm Springs
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8299 • Fax: (760) 323-8207 • Web:
www.palmspringsca.gov
January 14, 2026
Mr. Ron Wu
Red Tail Multifamily Land Development
2082 Michelson Drive
Irvine, CA 92612
RE: FUNDING COMMITMENT IN THE AMOUNT OF THREE MILLION AND EIGHT HUNDRED THOUSAND DOLLARS ($3,800,000)
Dear Mr. Wu,
I am pleased to inform you the Palm Springs City Council approved your request for funding at its meeting on January 14, 2026. A loan from the City in the amount if Three Million and Eight Hundred Thousand Dollars ($3,800,000) will be made available to Red Tail Multifamily Land Development for a project to develop 82-unit low-income affordable housing project in the City of Palm Springs (Housing Project). The City of Palm Springs anticipates that the loan proceeds in the amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) will be available for disbursement during the first quarter of calendar year 2028, subject to the Borrower’s satisfaction of all applicable pre-closing requirements and documentation of all funding sources. We will provide you with a draft agreement that will outline the terms and conditions for use of the funds, including but not limited to language regarding the selection of tenants which implements the City’s desire to house local residents experiencing housing insecurity. The draft agreement, anticipated to be a Loan Agreement, will require separate City Council approval.

The capital funds are available as a loan for construction and permanent financing under the following terms:

Interest rate: 3% simple annual
Term of Affordability: 55 years
Term of Loan: 57 years
Repayment: Annual payments based on residual receipts
Collateral: Deed of trust secured by the land and improvements In addition to that, pursuant to Resolution No. 24654, the City will extend the benefits of the Affordable and Multi-Family Housing Incentive Program, which provides a reduction of 100 percent of applicable Development Impact Fees and Developer Fees for projects that are 100 percent affordable. “Developer Fees,” as defined in the resolution, include development processing and administrative fees such as application, processing, plan check, and inspection fees required by the City’s codes, ordinances, or resolutions. This Funding Commitment may be

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