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HomeMy Public PortalAbout05) 7D 2nd Reading and Adoption of Ord. No. 15-1005 Small Residential Rooftop Solar Energy SystemsCity Council September 15, 2015 Page 2 of 2 FISCAL IMPACT: Building fees are based upon the Los Angeles County building fee schedule, which includes a specific fee for residential solar energy systems. This fee is currently used for such systems and will continue to be used under the new process. As such, there will be no fiscal impact. ATTACHMENTS: A. Ordinance No. 15-1005 B. City Council staff report from August 18, 2015 ATTACHMENT A ORDINANCE N0.15-1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADDING A NEW CHAPTER 8 TO TITLE 7 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS. WHEREAS, Section 65850.5(a) of the Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and WHEREAS, Section 65850.5(g)(1) of the Government Code provides that, on or before September 30, 2015, every city in California shall adopt an ordinance, consistent with the goals and intent of Section 65850.5(a), to create an expedited, streamlined permitting process for small residential rooftop solar energy systems. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: A new Chapter 8 entitled "Small Residential Rooftop Solar Energy Systems" is hereby added to Title 7 of the Temple City Municipal Code to read as set forth in Exhibit "A" to this Ordinance. SECTION 2: This ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State CEQA Guidelines. SECTION 3: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 151h day of September, 2015. Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric S. Vail, City Attorney Ordinance No. 15-1005 Page 2 of 5 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 15-1005 was introduced at the regular meeting of the City Council of the City of Temple City held on the 18th day of August, 2015, and was duly passed, approved and adopted by said Council at the regular meeting held on the 151h day of September, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo, City Clerk Ordinance No. 15-1005 Page 3 of 5 EXHIBIT "A" TITLE 7 BUILDING REGULATIONS CHAPTER 8 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS 7-8-0: INTENT AND PURPOSE: The purpose of this Chapter is to establish an expedited, streamlined solar permitting process that complies with Civil Code Section 714 and Government Code Section 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This Chapter allows the City to achieve these goals while protecting the public health and safety. 7-8-1: APPLICABILITY: A. This Chapter applies to the permitting of all small residential rooftop solar energy systems. B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Chapter are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of the small residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. 7-8-2: DEFINITIONS: The words and phrases used in this Chapter are defined as follows: "Feasible method to satisfactorily mitigate or avoid the adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A)-(B). "Small residential rooftop solar energy system" means a solar energy system that is all of the following: 1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; 2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and city health and safety standards; 3. A solar energy system that is installed on a single or duplex family dwelling; and 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City. Ordinance No. 15-1005 Page 4 of 5 "Solar energy system" has the same meaning set forth in Civil Code Sections 801.5(a)(1) and 801.5(a)(2). "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 7-8-3: DUTIES OF BUILDING DIVISION AND BUILDING OFFICIAL: A. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the City's website. B. Applications for small residential rooftop solar energy system permits, and any supporting documents, may be submitted in person, mailed, or submitted electronically by email, facsimile, or the internet. C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. D. The Building Division shall prepare a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. E. The small residential rooftop solar energy system permit process, and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. F. All plan review and permit fees shall be as adopted by City Council resolution or ordinance. Any such fees must comply with Government Code Sections 65850.55 and 66015, and any other applicable state laws. 7-8-4: PERMIT REVIEW AND INSPECTION REQUIREMENTS: A. Prior to submitting an application for a small residential rooftop solar energy system, the applicant shall: 1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and 2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads. B. An application that satisfies the requirements of the application checklist prepared by the Building Division pursuant to Section 7-8-3(0), as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall Ordinance No. 15-1005 Page 5 of 5 issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. Upon the determination by the Building Official that the application is complete, the Building Official shall approve the application and issue all required permits or authorizations. 1. The City shall not condition approval of an application on the approval of an association, as defined in Civil Code Section 4080. 2. Such approval does not authorize an applicant to connect the small residential rooftop solar energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. D. If the Building Official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety, the Building Official shall require the applicant to apply for a use permit. 1. If a use permit is required, the Building Official may not deny the application for the use permit unless the Building Official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. 2. Any condition imposed on a use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. 3. The applicant may appeal to the Planning Commission a decision by the Building Official to require a use permit, or a decision to deny a use permit. E. Only one inspection shall be required for a small residential rooftop solar energy system eligible for expedited review, which shall be performed in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section. City Council August 18, 2015 Page 2 of 3 • Is a solar photovoltaic system no larger than 1 0 kilowatts alternating current or a solar thermal system no larger than 30 kilowatts thermal; • Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city; • Is installed on a single family dwelling or duplex; and • Does not exceed the maximum building height allowed by the city. AB 2188 seeks to further the policy of promoting installation of small residential rooftop solar energy systems by requiring cities to streamline the permitting and inspection process. Specifically, cities are required to adopt an ordinance that includes the following provisions: • Cities must accept permit applications electronically via email, fax, and/or online; • Cities must accept an electronic signature in lieu of a wet signature on permit applications; • Cities must adopt standard plan requirements and checklists that are consistent with the California Solar Permitting Guidebook prepared by the state; • Once a permit application is determined to be complete, cities must provide expedited review and approval; and • Cities may only require one inspection, unless a subsequent inspection is required because the system fails the first inspection. Temple City currently processes permit applications for solar energy systems in the same manner as other building permits. Applications are submitted, and permits are issued, in person at City Hall. Pursuant to AB 2188 and the proposed ordinance, the City will be required to modify its permit process for small residential rooftop solar energy systems. The permit process for all other solar energy systems will remain unchanged. While the intent of AB 2188 is to expedite approvals for small residential rooftop solar energy systems and minimize obstructions to their installation, the legislation includes a provision allowing cities to require a discretionary permit in the event the city determines that a proposed system may have a "specific, adverse impact upon the public health and safety." The city may deny the permit if the Building Official makes written findings that there is "no feasible method to satisfactorily mitigate or avoid the adverse impact." CONCLUSION: Adopting the proposed ordinance is necessary to comply with AB 2188. The ordinance will establish a new expedited permit process for small solar energy systems on single family dwellings and duplexes. The Building Division processes about 70 permits for residential solar energy systems per year, and that number is not expected to substantially change as a result of this ordinance. Aside from the requirement to begin accepting applications electronically, the new process should have a minimal impact on Building Division operations. City Council August 18, 2015 Page 3 of 3 FISCAL IMPACT: Building fees are based upon the Los Angeles County building fee schedule, which includes a specific fee for residential solar energy systems. This fee is currently used for such systems and will continue to be used under the new process. As such, there will be no fiscal impact. ATTACHMENT: A. Ordinance No. 15-1005