HomeMy WebLinkAboutOrdinance 1934 (Rooftop Solar Systems)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
ORDINANCE NO. 1934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADDING CHAPTER 12.24 TO THE SAN RAFAEL MUNICIPAL CODE TO
PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 81h day of September, 2015; a
SUMMARY of Ordinance No. 1934 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 21St day of September, 2015, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
24th day of September, 2015
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1934
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADDING CHAPTER 12.24 TO THE SAN RAFAEL MUNICIPAL CODE
TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING
PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
WHEREAS, the City of San Rafael seeks to meet the climate action goals set by the
City and the State; and
WHEREAS, the City recognizes that rooftop solar energy provides reliable energy
for its residents and businesses, and
WHEREAS, the City wishes to advance the use of solar energy by all of its citizens,
businesses and industries; and
WHEREAS, the City Council of the City of San Rafael also seeks to implement the
provisions of California Assembly Bill 2188 (Chapter 521, Statutes 2014) through the
creation of an expedited, streamlined permitting process for small residential rooftop solar
energy systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. New Chapter 12.24, entitled "Expedited Permit Process for Small Residential
Rooftop Solar Systems" is hereby added to the San Rafael Municipal Code, to read in its
entirety as follows:
Chapter 12.24 EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS
12.24.010 Purpose.
The purpose of this chapter is to implement an expedited, streamlined solar
permitting process that complies with the Solar Rights Act and California Assembly Bill 2188
(Chapter 521, Statutes 2014) in order to achieve timely and cost-effective installations of
small residential rooftop solar energy systems. The provisions herein encourage the use of
solar systems by removing unreasonable barriers and minimizing costs to property owners
and the City, expand the ability of property owners to install solar energy systems, and allow
the City to achieve these goals while continuing to protect the public health and safety.
12.24.020 Definitions.
As used for interpretation in this chapter, unless a different meaning is apparent from
the context or specified elsewhere in the code, the following terms shall have the meanings
set forth below:
A. A "solar energy system" means either of the following:
1. Any solar collector or other solar energy device whose primary purpose is
to provide for the collection, storage, and distribution of solar energy for space heating,
space cooling, electric generation, or water heating.
2. Any structural design feature of a building, whose primary purpose is to
provide for the collection, storage, and distribution of solar energy for electricity generation,
space heating or cooling, or for water heating.
B. A "small residential rooftop solar energy system" is one that meets 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 family dwelling or
duplex; and
4. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City's zoning ordinance.
C. "Electronic submittal" means the utilization of one or more of the following:
1. Email;
2. The Internet (when that functionality becomes available); or
3. Facsimile.
D. An "association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
E. A "common interest development" means any of the following, as defined in
sections 4000 through 4190, inclusive, of the California Civil Code, or successor statutes:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
F. "Reasonable restrictions" on a solar energy system are those restrictions that
do not significantly increase the cost of the system or significantly decrease its efficiency or
specified performance, or that allow for an alternative system of comparable cost, efficiency,
and energy conservation benefits.
G. "Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance" means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an
amount exceeding 10 percent of the cost of the system, but in no case more than one
thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an
amount exceeding ten percent (10%), as originally specified and proposed.
2. For Photovoltaic Systems: an amount not to exceed one thousand dollars
($1,000) over the system cost as originally specified and proposed, or a decrease in system
efficiency of an amount exceeding ten percent (10%) as originally specified and proposed.
H. "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.
12.24.030 Applicability.
A. This Chapter applies to the permitting of all small residential rooftop solar
energy systems in the City of San Rafael.
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B. Small residential rooftop solar energy systems legally established or
permitted prior to October 21, 2015 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 a small rooftop energy system in such a way as to require new
permitting. Routine operation and maintenance or like -kind replacements shall not require a
permit.
12.24.040 Solar Energy System Requirements.
A. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the State and the City and local fire department.
B. Solar energy systems for heating water in single-family residences and for
heating water in commercial or swimming pool applications shall be certified by an
accredited listing agency as defined by the California Plumbing and Mechanical Codes.
C. Solar energy systems for producing electricity shall meet all applicable safety
and performance standards established by the California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission
regarding safety and reliability.
12.24.050 Duties of Community Development Department and Chief Building
Official.
A. All documents required for the submission of an expedited solar energy
system application shall be made available on the publicly -accessible City Website.
B. Electronic submittal of the required permit application and documents by
email (and the Internet when that technology becomes available) shall be made available to
all small residential rooftop solar energy system permit applicants.
C. An applicant's electronic signature shall be accepted on all forms,
applications, and other documents in lieu of a wet signature.
D. The City's Building Division shall adopt and maintain standard plans and
checklists of all requirements for which all small residential rooftop solar energy systems
shall comply to be eligible for expedited review. The standard plans and checklist of
requirements shall be posted and made available for public review on the City's website.
E. The small residential rooftop solar system permit process, standard plans,
and checklists 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 fees prescribed for the permitting of small residential rooftop solar energy
system must comply with Government Code Section 65850.55, Government Code Section
66015, Government Code Section 66016, and State Health and Safety Code Section
17951, and successor statutes.
12.24.060. Permit Review and Inspection Requirements.
A. Upon receipt of a complete application that meets the requirements of the
approved checklist and standard plan, the Chief Building Official or his/her designee shall
issue a building permit or other nondiscretionary permit the same day or the next day, for an
application submitted over-the-counter, or within three (3) business days for applications
that have been filed electronically.
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B. Review of the application shall be limited to review by the Chief Building
Official or his/her designee to determine if the application: 1) meets 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; and 2) contains all information requested in the
applicable standard plan and checklist.
C. If an application is deemed incomplete by the Chief Building Official, a written
correction notice shall be sent in a timely manner to the applicant detailing all deficiencies in
the application and any additional information or documentation required to be eligible for
expedited permit issuance upon resubmission of the application.
D. The Chief Building Official may require an applicant to apply for an
administrative use permit if he/she finds, based on substantial evidence, that the solar
energy system could have a specific, adverse impact upon the public health and safety.
Such decisions may be appealed to the City Planning Commission.
E. A use permit and/or an environmental and design review may be required for
properties on the City's list of historic resources as determined by the Community
Development Director.
F. If a use permit is required, the Community Development Director or his/her
designee may deny an application for the use permit if he/she makes written findings, based
upon substantive evidence in the record that: 1) the proposed installation would have a
specific, adverse impact upon public health or safety; and 2) 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. The
Community Development Director's decisions may be appealed to the City Planning
Commission.
G. Any condition imposed on a use permit or an environmental and design
review permit application shall be crafted to mitigate the specific, adverse impact upon
health and safety at the lowest possible cost to the applicant.
H. For purposes of this chapter, a "feasible method to satisfactorily mitigate or
avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method,
condition, or mitigation successfully -imposed by the City on another similarly -situated solar
energy application. The City shall use its best efforts to ensure that the selected method,
condition, or mitigation that does not significantly increase the cost of the system or
decrease its efficiency or specified performance as defined in this chapter.
I. The City shall not condition approval of an application on the approval of an
association, as defined in Section 4080 of the Civil Code.
J. Only one inspection shall be required and performed by the Building Division
for small residential rooftop solar energy systems eligible for expedited review.
K. The inspection shall be done in a timely manner and should include
consolidated inspections. An inspection will be scheduled within one (1) business day of a
request and the applicant shall be provided with a four (4) -hour inspection window.
L. If a small residential rooftop solar energy system fails inspection, a
subsequent inspection is authorized but need not conform to the requirements of this
Chapter.
DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of
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the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
DIVISION 3: This Ordinance shall be published once, in full or in summary form, before its
final passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulad in the City of San
Rafael, County of Marin, and State of California.
GARY O. P IS, Mayor r
ATTEST:
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No.1934 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 8th day of September, 2015 and ordered passed
to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting
of the Council to be held on the 21 st day of September, 2015.
"' 9-'U R.",
ESTHER BEIRNE, City Clerk
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