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HomeMy WebLinkAboutCD Rooftop Solar; Streamlined Permit Processcirc of Agenda Item No: 4. a n. Meeting Date: September 8, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Thomas Ahrens, City Manager Approval: Chief Building Official TOPIC: NEW MUNICIPAL CODE REGULATIONS INTRODUCING AN EXPEDITED AND STREAMLINED PERMIT PROCESS FOR "SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS" SUBJECT: ORDINANCE ADDING NEW CHAPTER 12.24 TO THE SAN RAFAEL MUNICIPAL CODE TO ESTABLISH AN EXPEDITED AND STREAMLINED PERMIT PROCESS FOR "SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS" REQUIRED BY STATE ASSEMBLY BILL 2188 RECOMMENDATION: Pass ordinance to print. BACKGROUND: Solar Rights Act (AB 3250) -1978 In 1978, the State Legislature enacted AB 3250, the Solar Rights Act (Civil Code §§714, 714.1, 801 and 801.5; Health and Safety Code §17959.1; Government Code §§65850.5, 66473.1 and 66475.3), establishing a legal framework for protecting solar access and a homeowner's right to install a solar energy system, by limiting the ability of local governments and homeowners associations (through its covenants, conditions, and restrictions ("CC&Rs")) to restrict solar installations. The Legislature made clear its intentions in adopting the Solar Rights Act, declaring that: `It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of FOR CITY CLERK ONLY File No.: 1- - Council Meeting: 1 qj'),_©r Sm Disposition: (Q,2CLat c, Cc cr- "I I q SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting such systems." (Government Code Section 65850.5(a).) Until recently, the most important provisions of the Solar Rights Act created: • Limits on CC&Rs: by prohibiting CC&Rs from unreasonably restricting the use or installation of solar energy systems. • Solar Easements: by creating the legal rights to a solar easement to receive sunlight across real property of another for use by a solar energy system. • Limits on Local Government Restrictions: by discouraging local governments from adopting ordinances creating unreasonable restrictions on the installation of solar energy systems, and requiring local governments to employ a non -discretionary administrative permitting process therefor. Amendment to Solar Rights Act (AB2188) - 2015 On September 1, 2014, Governor Brown signed Assembly Bill 2188 (AB 2188), amending the Solar Rights Act. This law imposed the following requirements: • On or before September 30, 2015, every city, county, or city and county shall, in consultation with the local fire department or district and the utility director, where a city, county, or city and county operate a utility, adopt an ordinance that creates an expedited, streamlined permitting process for small, residential rooftop solar energy systems consistent with the goals and intent of Government Code Section 65850.5(a). • Every city, county, or city and county shall adopt a checklist of all requirements that an applicant must comply with for a small residential rooftop solar energy system to be eligible for expedited review. • The expedited, streamlined permitting process and checklist created must substantially conform to the recommendations for expedited permitting, including the checklist and standard plan contained in the most current version of the California Solar Permitting Guidebook ("Guidebook') adopted by the Governor's Office of Planning and Research (OPR). This new law applies solely to "small residential rooftop solar energy systems." Such facilities are defined in Government Code Section 65850.50)(3), which reads as follows: "Small residential rooftop solar energy system" means all of the following. (A) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal (B) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, county, or city and county and paragraph (3) of subdivision (c) of Section 714 of the Civil Code. (C) A solar energy system that is installed on a single or duplex family dwelling. (D) A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction." SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Amendment to San Rafael Municipal Code Title 12 (Building Regulations) In response to AB 2188, staff has drafted an ordinance to add a new chapter to the City's municipal code, for City Council review and action. New San Rafael Municipal Code (SRMC) Chapter 12.24 entitled "Expedited Permit Process for Small Residential Rooftop Solar Systems" is presented in the ordinance attached to this report as Attachment 1. The new code provisions are drafted to include the following: ➢ As the state law is specific to small, residential rooftop solar systems, the "Purpose" section (Section 12.24.010) of the ordinance clearly states the application limits of the new chapter. ➢ Given the unique application of the state law, a specific "Definitions" section (Section 12.24.020) is included in the chapter. ➢ Section 12.24.060 (Permit Review and Inspection Requirements) sets forth the process and time limits for application review and inspection. Essentially, the expedited permit review process would require that small residential rooftop solar system applications be processed and approved: a) on the same day as application filing, or the next day (over-the-counter); or b) within three business days if filed electronically. This section also gives the Chief Building Official the ability to require an Administrative Use Permit if the proposed rooftop system has the potential to adversely impact public health and safety, and gives the Community Development Director the same authority if the system would be located on a property listed as an historic resource. Regarding inspections, this section specifies that they must be scheduled within one business day of the request. Per the provisions of the state law and the California Solar Permitting Guidebook, staff is in the process of developing a standardized plan and checklist submittal format to post on-line and have available at the public counter. This task will be completed prior to the effective date of the proposed ordinance. ANALYSIS: Consistency with AB 2188 As drafted, the proposed ordinance would be consistent with the state law and would codify the requirements of the Solar Rights Act. Further, the proposed ordinance would specifically follow the recommendations of the California Solar Permitting Guidebook. It should be noted that the City's Building Division regularly receives and processes building permit applications for residential rooftop solar systems. Most of the time, these permits are issued the same day, or relatively quickly following application filing. The processing depends upon the complexity of the rooftop solar system, as well as the age and integrity of the residential roof structure. Further, several years ago, the City amended the building permit fee for residential rooftop solar systems from a "valuation -based" fee to a more modest "fixed -fee," which was well received by the industry. This step was consistent with the Government Code requirements and the intent of AB 2188. CEQA- Environmental Review It has been determined that the adoption of this ordinance is not subject to environmental review in that it is covered by the general rule that California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paque FISCAL IMPACT: The adoption of this ordinance would have no fiscal impact on the City of San Rafael. In 2011, the City adopted a "fixed fee" building permit application for each residential rooftop solar system. The fixed fee, which is approximately $350.00 per application, is consistent with the intent and purpose of AB 2188, which is encourage the installation of these systems. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt the ordinance as proposed; 2. Continue action for additional information and response to Council comments and concerns; or 3. Reject the ordinance. RECOMMENDED ACTION: 1. Open public hearing and accept public testimony. 2. Close public hearing and comment on the ordinance. 3. Pass ordinance to print. ATTACHMENTS: 1. Ordinance 2. Public Hearing Notice 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. 2 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. 3 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 4 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 circulated in the City of San Rafael, County of Marin, and State of California.' GARY QJPHILklVS, Mayor ATTEST: ISSMI Z ae4 Z., I 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 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. e-S9#UF4z )2124 R."t ESTHER BEIRNE, City Clerk R ATTACHMENT 2 CITY OF SAN RAFAEL NOTICE OF PUBLIC lIIEAttING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: To consider and accept public comments on the adoption of a proposed ordinance adding chapter 12.24 to the San Rafael Municipal Code to create an expedited permit process for small residential roof -mounted solar systems. DATE/TIME/PLACE: Tuesday, September 8, 2015, at 7:00 p.m. City Hall Council Chambers, 1400 Fifth Avenue, San Rafael WHAT WILL HAPPEN: You may comment on the proposed ordinance. The City Council will consider all public testimony and decide whether to adopt the ordinance. IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk, City of San Rafael, P. O. Box 151560, San Rafael, CA 94915-1560. You also may hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFOI; MATION: You may contact Thomas Ahrens, Chief Building Official, at 415-485-3367. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ ESTI-I�ER C. BEIRNE ESTHER C. BEIRNE, City Clerk (Please publish in the Marin Independent Journal on Friday, August 28, 2015 Marin Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 415-382-7335 legals@marinij.com 2070419 SAN RAFAEL,CITY OF CITY OF SAN RAFAEL CITY CLERK, ROOM 209 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 SAN RAFAEL, CA 94915-1560 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 8/28/2015 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 31th day of August, 2015, Z);4�s Signature PROOF OF PUBLICATION Legal No. 0005558782 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE To consider and accept public comments on the adoption of a propose adding chapter 1224 to the San Rafael Municipal Code to create an expedited permit Protes for small residential roof -mounted so- ar systems. DATE/TIME/PLACE. Tuesday, September 8, 2015, at 7:00 pm. City Hall Council Chambers, 1400 Fifth Avenue, San Rafael WHAT WILL HAPPEN :You may comment on the proposed ordinance. The City Council will con- sider all public testimony and decide whether to adopt the ordinance. IF YOU CANNOTATTEND:You may send a letter to Esther C. Beirne, City Clerk, City of San Ra- fael, P. 0. Box 151560, San Rafael, CA 94915- 1560. You also may hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFORMATION: You may contact Thomas Ahrens, Chief Building Official, at 415-485-3367. Office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ ESTHER C. BEIRNE ESTHER C. BEIRNE, City Clerk NO.969 Auaust 2B, 2015 ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # 4,& Date of Meeting: 9/8/2015 From: Paul Jensen Department: Community Development Date: 8/28/2015 Topic: New municipal code regulations introducing an expedited and streamlined permit process for "small residential rooftop solar systems." Subject: Ordinance adopting new Chapter 12.24 to the San Rafael Municipal Code to establish and Expedited and Streamlined Permit Process for "Small Residential Rooftop Solar Systems" required by State Assembly Bill 2188. Type: ❑ Resolution ® Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: approved - 8/31 - MM ® City Attorney Remarks: LG -approved 8/31/15 with revisions. ® Author, review and accept City Attorney / Finance changes Remarks: PJ- approved City Manager Remarks: FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: