Loading...
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. 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 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 W