HomeMy WebLinkAbout1837 ORDINANCE NO. 1837
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 3.37.030 OF, AND ADDING PARAGRPAH (9) TO
SUBSECTION (B) OF SECTION 3.37.050 OF, THE PALM SPRINGS
MUNICIPAL CODE EXEMPTING CERTAIN ON-SITE SOLAR
IMPROVEMENTS FROM PUBLIC ARTS FEES.
City Attomey Summary
This Ordinance exempts solar energy systems included as a part of a
development project or added to existing structures or improvements from
public arts fees requirements.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS,
DECLARES, AND DETERMINES:
A. The City Council reaffirms its previous findings and purposes in enacting
and implementing Chapter 3.37 of the Palm Springs Municipal Code regarding the City
of Palm Springs Public Arts Fee, Fund and Program.
B. The City Council supports renewal energy, including the use of solar to
reduce onsite utility consumption, and acknowledges its benefits. The City Council
desires to exempt solar energy system installations included as an integral part of new
building projects or added to existing structures from public arts fees, to encourage the
addition of renewable energy to existing and new projects.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. The following Definition is added to Section 3.37.030 of the Palm
Springs Municipal Code:
"Solar Energy System" means a system which is an accessory use added to any
residential, commercial, industrial, or public structure, for the purpose of providing solar
energy to generate onsite electric power, heating, cooling, or water heating.
SECTION 2. Paragraph (9) is added to Subsection (b) of Section 3.37.050 of the
Palm Springs Municipal Code (as an exception to the public arts program requirements)
to read:
(9) The valuation added to works of construction and rehabilitation for existing
residential, commercial, and industrial construction for an onsite Solar Energy System.
SECTION 3. The City Clerk is authorized and directed to modify the
Comprehensive Fee Schedule.
Ordinance No. 1837
Page 2
SECTION 4. Nothing contained in this Ordinance shall be deemed to create any
new fee or charge, or increase any existing fee or charge, to which the procedures
specified in Section 66017 of the California Government Code would be applicable.
SECTION 5. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened
by reason of any preemptive legislation, this Ordinance shall be deemed invalid. The
City Council here declares that it would not have adopted this Ordinance if any of the
sections or provision thereof may be declared invalid or unconstitutional or contravened
via legislation.
SECTION 6. 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.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 15T" DAY OF JANUARY, 2014.
d44 /9
STEP N P. POUGNET, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
Ordinance No. 1837
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1837 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
December 18, 2013, and adopted at a regular meeting of the City Council held on
January 15, 2014, by the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, Califomiaa�l�r 261+