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HomeMy Public PortalAbout15) 10A Intro and First Reading of Ordinance 15-1005 Small Residential Rooftop Solar Energy SystemsAGENDA ITEM 10.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: Augu~18 ,2015 TO: The Honorable City Council FROM: Bryan Cook , City Manager By: Michael D. Forbes, Community Development Director~ SUBJECT : INTRODUCTION AND FIRST READING OF ORDINANCE NO. 15-1005 ADDING CHAPTER 8 TO TITLE 7 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS RECOMMENDATION: The City Council is requested to : a) Introduce Ordinance No . 15-1005 (Attachment "A ") for first reading by title only , adding a new Chapter 8 to Title 7 of the Temple City Municipal Code relating to small residential rooftop so lar energy systems ; b) Waive further reading of Ordinance No . 15-1 005 ; and c) Schedule the second reading of Ordinance No . 15-1005 for September 1, 2015 . BACKGROUND : On September 21, 2014 , the Governor signed Assembly Bill (AB) 2188, the Expedited Solar Permitting Act. AB 2188 requires all cities in California to adopt an ordinance by Septembe r 30 , 2015 that creates an expedited and streamlined permitting process for small residential rooftop solar energy systems . ANALYSIS: AB 2188 provides that it is the policy of the State of Cal ifornia to promote and encourage the installation of small residential rooftop solar energy systems by l imiting obstacles to their use and minimizing installation costs . AB 2188 defines a small residential rooftop solar energy system as a system meeting the following requirements: 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 dwell ing or duplex; and • Does not exceed the max imum 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 ord inance 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 o n permit applications ; • Cit ie s must adopt sta ndard plan requirements and checklists that are cons istent with the California Solar Pe rmitting 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 th e 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 perm it 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 m it ig ate 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 dwell ings 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 schedu le , 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 . 15-1 005 ATTACHMENT A ORDINANCE NO. 15-1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ADD ING 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 min imiz ing the perm itting costs of such systems ; and WHEREAS , Section 65850 .5(g)(1) of the Government Code provides that, on or before September 30 , 2015 , every c ity in California shall adopt an ordinance , consistent with the goals and intent of Section 65850 .5 (a), to create a n expedited , streaml ined permitting process for small res identia l rooftop so lar ene rgy systems . THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: A new Chapter 8 entitled "Small Residentia l Rooftop Solar Energy Systems" is hereby added to Title 7 of the Temple City Mun icipal Code to read as set fort h in Exhibit "A" to this Ord in ance . SECTION 2: Th is ordinance is exempt from environmental rev iew under the California Environmenta l Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State CEQA Guid elines. SECTION 3 : The City Council hereby declares that , shou ld any prov ision , section , subsection , paragra ph , 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 leg islat ion, such decision or action shall not affect the validity of the remain ing sect ion or portions of the Ord in ance or part thereof. The City Council hereby declares that it would have independently adopted the rema ining provisions , sections , subsections , paragraphs , sentences , clauses , phrases, or words of this Ordinance irrespective of the fact that any one or more provisi ons , sections , s ubsections, paragraphs , sentences , clauses, ph rases, or wo rds may be declared invalid or unconstitutional. SECTION 4: The City Clerk shall certify to the passage and adopt ion of this Ordinance and to its app roval by the Mayor and shall cause the same to be published according to law. PASSED , A PPROVED , AND A DOPTED th is 151 day of Sep tembe r, 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 cert ify that the foregoing Ordinance No. 15-1005 was introduced at the regular meeting of the City Council of the City of Temple C ity 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 151 day of September, 2015 by the following vote : AYES : NOES: ABSENT: ABSTAIN : Counci lm ember- Counci lm ember- 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 th is 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 installation s of small residential rooftop so lar energy systems . This Chapter encourages the use of solar energy systems by remov ing unreasonable barriers , min imizin g costs to property owners and the City, and expanding the ability of property owners to install solar energy systems . Th is Chapter allows the City to achieve these goals whi le protecting the public hea lth and safety. 7-8-1 : APPLICABILITY: A. Th is Chapter applies to the permitting of all small residential rooftop solar energy systems . B. Small res idential rooftop solar energy systems legally established or permitted pr ior to the effective date of th is Chapter are not subject to the requiremen ts of this Chapter unless phys ical modifications or alt erations are undertaken that materially change the size , type , or components of the small res id ential rooftop so lar energy system in such a way as to require new perm itti ng . Routine operation and ma intenance shall not require a permit. 7-8-2: DEFINITIONS: The words and phrases used in this Chapter are defined as follows : "Feasib le method to satisfactorily mitigate or avo id the adverse impact" includes, but is not limited to , any cost-effective method , condition , or m itigation imposed by the City on another similarly situated application in a prior successfu l application for a permit. The C ity sha ll use its best efforts to ensure that the se lected method , cond it ion , or m iti gati on meets the conditions of C iv il Code Section 714(d )(1 )(A )-(8 ). "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 , e lectrical , and other building codes as adopted or amended by the C ity and all state and city health and safety standards ; 3 . A solar energy system that is installed on a s ingle or duplex family dwelling ; and 4 . A solar panel or module array that does not e xceed the maximum legal bu ilding height as defined by the C ity . Ordinance No. 15-1 005 Page 4 of 5 "Solar energy system " has the same meaning set forth in Civ il Code Sections 801 .5(a)(1) and 801 .5(a )(2). "Specific, adve rse impact" means a sign ificant , quantifiable , d irect , and unavo idable impact , based on objective , identified , and written public health or safety standards , policies , or condit ions 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 energ y s ystem application shall be made ava il able on t he City's webs ite . B. Appli cations for small res identia l rooftop solar energy system perm its , and any supporting documents , may be subm itted in person , mai led , or subm itted e lectronically by email , facs imile , or the internet. C . An applicant's electronic signature shall be accepted on all forms , applications , and other documents in lieu of a wet s ignature . D . The Bu ild ing Division shall prepare a check list of all requirements w ith which small resident ia l rooftop solar ene rgy systems sha ll comply to be el ig ible for expedited rev iew. E. The small res idential rooftop so lar energ y s ystem permit process, and check li st(s) shall substantia ll y conform to recommendations for expedited permitting , including the checklist and standard plans contained in the most current version of the California Solar Permitting Guid eboo k adopted by the Governor's Office of Planning and Research . F. All plan re v iew and perm it fees shall be as adopted by City Coun cil resolut ion or ord inance . Any such fees must comply with Government Code Sections 65850 .55 and 66015 , and any othe r appli cab le state laws . 7-8-4: PERMIT REVIEW AND INSPECTION REQUIREMENTS: A. Pr ior to submitting an application for a small residential rooftop solar energy system , the app lic ant shall : 1. Verify to the applicant's reasonable satisf action through the use of standard enginee r ing eval uat ion techniques that the support st ructu re for the small resident ial rooftop solar energy system is stable and adequate to transfer all wind , seismic , and dead and live loads associated with the s ystem to the bu il d i ng foundat ion ; and 2 . At the appl icant 's cost , verify to the appl icant 's reasonable satisfaction using standard elect r ica l inspection techn iques that the exi st ing electrica l system including exist ing line , load , ground and bond ing wiring as well as main panel and subpanel sizes are adequate ly sized , based on the existing e lectrical system 's current use , to carry all new photovoltaic electrical loads . B. An appli cat ion that satisfies the requirements of the application checkl ist prepared by the Build ing Divis ion pursuant to Section 7-8-3(D), as determined by the Building Official , shall be deemed complete . Upon receipt of an incomplete appl icat ion , the Bui ldi ng Officia l shall Ordinance No . 15-1 005 Page 5 of 5 iss ue a written correction notice deta iling all deficiencies in the applicat ion and any add itional information required to be eligible for expedited permit issuance . C. Upon the determination by the Building Official that the application is complete , the Bui ldi ng 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 app licant to connect the small residential rooftop solar energy system to the local utility prov ider's electric ity grid . The app licant is responsible for obtaining such approval or permission from the local utility provider. D. If the Bu ilding Official finds , based on substant ia l evidence , that the small resident ial rooftop solar energy system could have a specific, adverse impact upon the publ ic health and safety , the Build ing Officia l shall req uire the app lica nt to apply for a use permit. 1. If a use permit is requ ired , the Building Official may not deny the applicat ion for the use perm it unless the Bui ldi ng Official makes written find ings based upon substantive evidence in the record that the proposed in stallation would have a specific, adverse impact upon publ ic hea lth or safety and there is no feas i ble method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the bas is for the rejection of the potential feas ible alternative for preventing the adverse impact. 2. Any condition imposed on a use perm it shall be des ig ned to mitigate the specific, adverse impact upon hea lth and safety at the lowest possib le cost. 3 . The app l icant may appeal to the Planning Comm ission a decis ion by the Bu il d ing Official to require a use perm it, 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 residenti al rooftop solar energy system fails inspection , a subsequent inspection is authorized but need not conform to the requirements of this Section .