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HomeMy WebLinkAboutORD 1203ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ADDING CHAPTEFk 15.07 "SOLAR PV" TO THE CITY OF PALM DESERT MUNICIPAL CODE WHEREAS, the City of Palm Desert has identified sustainability as one of its goals; and WHEREAS, solar installations is a key component to sustainability; and WHEREAS, Chapter 15.07, "Solar PV," is intended to raise the level of construction in the City of Palm Desert in order to increase energy efficiency in buildings, provide durable buildings that are efficient and economical to own and operate and promote the health and productivity of residents to the City; and WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field which has been fully occupied by state law, including the California Building Standards Code. NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows: SECTION 1. That Title 15, Section 15.07, Solar PV, is hereby added to the City of Palm Desert Municipal Code to read as follows: Chapter 15.07 SOLAR PV Sections: 15.07.010 Adoption 15.07.020 Purposes 15.07.030 Definitions 15.07.040 Mandatory Requirements 15.07.050 Validity 15.07.060 Penalties and Enforcement C�I3�1L`I_1`[�i;[�aiII�X3 15.07.010 Adoption That this ordinance is hereby adopted by reference as "The Solar PV Code of the City of Palm Desert," and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the City of Palm Desert. 15.07.020 Purposes The purposes of this chapter are to provide minimum standards to safeguard life or limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Palm Desert; to encourage and instruct people to build safely and economically, rather than to discourage building; and to provide a minimum or restrictive enforcement and a maximum of good building information and encouragement. 15.07.030 Definitions PRODUCTION HOME means a dwelling constructed as part of a residential development of at least five homes per project that is intended or offered for sale. SOLAR PV ENERGY SYSTEM means a photovoltaic solar collector or other photovoltaic solar energy device that has a primary purpose of providing for the collection and distribution of solar energy for the generation of alternating current rated peak electricity. The installation of any solar PV energy system must meet all installation criteria of the current edition of the California Electrical Code, and must include PV panels and inverters, which are listed by the California Energy Commission. 15.07.040 Mandatory Requirements All buildings covered by this Ordinance shall include the following mandatory energy measures as applicable and limited to the permitted scope of work: 1) Model homes as part of a production homes development shall be equipped with a Solar PV Energy System with a minimum nominal output of 2.0 kW. 2) A seller of production homes shall offer a solar PV energy system option to all customers that enter into negotiations to purchase a new production home and disclose the following: a) The total installed cost of the solar PV energy system option; and, b) The estimated cost savings associated with the solar energy system option as determined by current and projected future utility costs. 2 ,� S11111 UNI_1kiLai :8,[OaiK*] 3) Provisions for Future Solar PV Energy Systems. A 1-inch diameter electrical conduit shall be provided for installation of future solar PV energy systems. The 1 inch diameter electrical conduit shall extend from a point on the exterior wall located under the southern roof exposure, to the exterior wall location adjacent to the main electrical service panel. At each location, the conduit shall terminate at a two -gang, exterior wet location rated electric junction box. 4) Energy Star Appliances Required. If provided by the developer, all the following installed appliances shall be Energy Star rated: a) Dishwashers b) Refrigerators c) Clothes Washers d) Clothes Dryers (Natural Gas only) e) Ceiling fans f) Exhaust fans 15.07.050 Validity The city council of the city of Palm Desert hereby declares that should any section, subsection, sentence, clause or phrase of this chapter or the code hereby adopted is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The City Council of the city of Palm Desert hereby declares that is would have passed the ordinance codified in this chapter, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. 15.06.060 Penalties and Enforcement a) Each violation of the provisions of this chapter shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for up to six (6) months, or by a fine of up to one thousand dollars ($1,000), or both. Each day that a violation continues shall be deemed a new and separate offense. b) The Building Official shall have the authority to enforce this chapter as specified in section Chapter 1.12 of the Palm Desert Municipal Code, including but not limited to the authority to order that work be stopped where any work is being done contrary to the provisions of this chapter. 3 ORDINANCE NO. 1203 SECTION 2. If any portion of this ordinance is for any reason held by any court to be invalid or unconstitutional, that portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof nor other applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this 28th day of January, 2010, by the following vote, to wit: AYES: BENSON, FERGUSON, SPIEGEL, and FINERTY NOES: NONE ABSENT: KELLY ABSTAIN: NONE ATTEST: RA HELLS D. KLASSEN. CITY CLEW CITY OF PALM DESERT. CALIFORNIA 0