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CITY OF PALM DES �F-' ��5����� ��a R�a�i�v� ��g'" i
BUILDING & SAFETY DEPARTMENT
STAFF REPORT
TO: Honorable Mayor and City Council
REQUEST: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT ADDING CHAPTER 15.06 "ENERGY CODE"
TO THE CITY OF PALM DESERT MUNICIPAL CODE AND
REPEALING TITLE 24, SECTION 24.30
SUBMITTED BY: Russell A. Grance, Director of Building and Safety
DATE: June 25, 2009
CONTENTS: Exhibit "A" Energy Ordinance No. iis8
Recommendation:
Waive further reading and pass Ordinance No. liss "ENERGY CODE" to second
reading.
Executive Summary:
The 2008 California Energy Code incorporates new measures to reduce energy use and
greenhouse gas emissions. Overall the new 2008 California Energy Code is roughly
20% more restrictive than the previous 2005 standards. The new 2008 Energy Code is
significantly more restrictive however it introduces a number of new energy credits that
can be used to leverage a project into compliance in a cost effective manner. The
proposed ordinance preserves and enhances the environment; in that it would set forth
increased minimum energy efficiency standards within the City of Palm Desert for
buildings and improvements covered by the ordinance. In accordance with CEQA
Section 15061(b) (3), "CEQA applies only to projects, which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA." Staff has determined that the
proposed ordinance is exempt from CEQA
G:\BldgSfty\Suzanne Cicchini\Word Files\Staff Reports\Energy Code and Ordinance 062509\Staff Report Energy Code
Ordinance.docx
Staff Report
Energy Code Ordinance
June 25, 2009
Page 2
Background:
On January 11, 2007 the City Council of City of Palm Desert, California, approved
Ordinance No. 1124 adopting the California Energy Code, 2005 Edition with local
amendments. Ordinance 1124 will expire on the date that the state's 2008 California
Energy Code takes effect.
Approximately every three years the California State Building Standards Commission
and other national professional organizations update the building codes in consideration
of new technology, materials and procedures. These updated codes are approved and
published by the State Building Standards Commission. By law, all California cities and
counties are must adopt and enforce the updated building codes.
The state's Health and Safety Code (Section 17958) mandates that the California
Building Standards Commission adopt and publish the California Building Standards
Code (Title 24 California Code of Regulations [CCR]) every three (3) years. The 2008
Edition of the California Code of Regulations Title 24, Part 6, which incorporates the
2008 Edition, California Energy Code, and becomes effective statewide on Auqust 1,
2009. If approved, Ordinance No. would repeal Title 24, Section 24.30 of the City
of Palm Desert's Municipal Code.
Submitted By: Revi ed and n ur:
Q ',�
,
Russell A. Grance Homer Croy
Director of Building & Safety Assistant City nager
Development Services
Pa Conl@,n
Director, Office of Energy
Management
r
hn Wohlmuth
ity Manager
G:�BIdgSfty\Suzanne Cicchini\Word Files\Staff Reports�Energy Code and Ordinance 062509\Staff Report Energy Code
Ordinance.docx
ORDINANCE NO. lis8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ADDING CHAPTER 15.06 "ENERGY CODE" TO THE CITY OF
PALM DESERT MUNICIPAL CODE AND REPEALING TITLE 24,
SECTION 24.30
WHEREAS, The Department of Building and Safety recommends adopting the California
Energy Code, 2008 Edition, which is reasonably necessary to safeguard life and property
within the City of Palm Desert.
FINDING, the 2008 California Energy Code incorporates new measures to reduce energy
use and greenhouse gas emissions. Overall the new 2008 California Energy Code is
roughly 20% more restrictive than the previous 2005 standards. The new 2008 Energy
Code is significantly more restrictive however it introduces a number of new energy
credits that can be used to leverage a project into compliance in a cost effective
manner. The proposed ordinance preserves and enhances the environment; in that it
would set forth increased minimum energy efficiency standards within the City of Palm
Desert for buildings and improvements covered by the ordinance. In accordance with
CEQA Section 15061(b) (3), "CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA." Staff has determined that the
proposed ordinance is exempt from CEQA review.
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
SECTION 1. That Title 24, Section 24.30 of the City of Palm Desert Municipal Code is
hereby repealed in its entirety.
SECTION 2. That Title 15, Section 15.06, Energy Code, is hereby added to the City of
Palm Desert Municipal Code to read as follows:
Chapter 15.06
ENERGY CODE
Sections:
15.06.010 Adoption.
15.06.020 Purposes.
15.06.030 Validity.
15.06.040 Penalties and Enforcement
ORDINANCE N0. 1188
15.06.010 Adoption.
That certain document in book form entitled "California Energy Code, Title 24, Part 6,
2008 Edition," including the appendices thereof, as approved and copyrighted by the
"California Building Standards Commission, 2525 Natomas Park Drive, Suite 130,
Sacramento, California, 95833," prescribing regulations governing installation,
construction, maintenance, alteration, repair and inspection, one copy of which
document is now on file in the office of the City Clerk of the City of Palm Desert, except
as portions thereof are herein specifically amended, deleted and added to, is hereby
adopted by reference as "The California Energy 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.
15.06.020 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.
15.06.030 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.
_ __._ _
ORDiNANCE N0. 1188
15.06.040 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.
SECTION 3. 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 day of , 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA