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BUILDING & SAFETY DE
STAFF REPORT
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: January 14, 2010
CONTENTS: Exhibit "A" Energy Ordinance No. 1202
Recommendation
Waive further reading and pass Ordinance No. i2o2 "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 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 January 1,
2010. If approved, Ordinance No. 1202 would repeal Title 24, Section 24.30 of the City
of Palm Desert's Municipal Code.
Backqround
On January 11, 2007, the City Council approved Ordinance 1124 adopting the 2005
California Energy Code with local amendments. Currently the City of Palm Desert's
Staff Report
Energy Code Ordinance
January 14, 2010
Page 2 of 2
local Ordinance 1124 is 10-15% more restrictive than the 2005 standards which is set to
sunset only upon the adoption of the 2008 Energy Code.
At the Council meeting of August 27, 2009, staff recommended that City Council
postpone the adoption of the 2008 California Energy Standards to a date uncertain
since the California Energy Commission had experienced delays in completing the
public domain compliance software. The Energy Commission has resolved those
problems with the public domain compliance software, which is required to show '
compliance and without the software� the city plan checker could not determine
compliance with the performance based approach with the energy code. In effect,this
delay provided the industry and building officials more time to prepare for the new
Standards. The California Energy Commission effective date for the 2008 Building
Energy Efficiency Standards (Title 24, Parts 1 and 6) is January 1, 2010.
In the future, if directed by Council, staff will review the new 2008 Energy Code and
recommend modifications. After review and approval by the Energy Commission�Palm
Desert would have an Energy Code (Local Ordinance) that would be more restrictive
than the 2008 Energy Code,as staff did with the 2005 Energy Code (Ordinance 1124).
That application process,which included a cost effective study that cost roughly $11,000
and took roughly seven months to develop in 2006,with the help of Gabel Associates,
LLC as required per Section 10-106 of the Energy Efficiency Standards.
Fiscal Analysis
There is no fiscal impact associated with this action.
Submitted By:
�
Russell A. Gr , Dir or of Building and Safety
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Paul S. i son in Director
Approv :
,
Jo . Wohlmuth, City Manager
CITY OF PALM DESERT
NOTICE OF PUBLIC HEARING
CALIFORNIA BUILDING STANDARDS CODE
NOTICE IS HEREBY GIVEN that a hearing will be held before the Palm Desert City
Council to consider the adoption of Ordinance No. which amends specified
chapters of the City Municipal Code and adopts 2008 Edition of the Building Energy
Efficiency Standards.
Copies of the Ordinance No. together with the code adopted by reference thereto
are available for viewing in the office of the City Clerk, City of Palm Desert, California,
which include the 2008 Edition of the Building Energy Efficiency Standards.
Said hearing will be held at 4:00 p.m. on Thursday, February 11, 2010, in the Palm
Desert City Council Chambers, 73-510 Fred Waring Drive, Palm Desert, California, at
which time and place all interested persons are invited to attend and be heard. Written
consent concerning all items covered by this notice shall be accepted up to the date and
time of the hearing.
If you challenge the proposed action in Court, you may be limited to raising only those
issues you or someone else raised at the hearing described in this notice, as in written
compliance delivered to the City Council prior to the meeting.
DATE:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
(760) 346-0611
ORDINANCE NO. 1202
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 No. _�
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 unconstitutionat, 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 No. 12�2 _
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
inva�id 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 , 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA