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HomeMy WebLinkAboutStaff Report 3.B 09/14/2015DATE: September 14, 2015 Agenda Item #3.B TO: Honorable Mayor and Members of the City Council through City Manager FROM: Doug Hughes, Chief Building Official SUBJECT: Adoption (second reading) of an Ordinance to Add Chapter 17.10 Entitled "Expedited Permitting Procedures for Small Residential Rooftop Solar Systems" to the City of Petaluma Municipal Code in Accordance with the Requirements of California Government Code section 65850.5 (AB 2188) RECOMMENDATION It is recommended that the City Council adopt the Ordinance to Add Chapter 17.10 Entitled "Expedited Permitting Procedures for Small Residential Rooftop Solar Systems" to the City of Petaluma Municipal Code in accordance with the Requirements of California Government Code section 65850.5 (AB 2188). BACKGROUND On August 3, 2015, the City Council unanimously approved by a vote of 6 -0, with one member absent, the first reading of an ordinance adding Chapter 17.10 entitled "Expedited Permitting Procedures for Small Residential Rooftop Solar Systems" to the City of Petaluma Municipal Code in accordance with the requirements of California Government Code section 65850.5 (AB 2188). There were no changes to the ordinance. The recommended action provides for second reading and adoption of the ordinance. FINANCIAL IMPACTS There are no direct financial impacts to the City of Petaluma with the adoption of this ordinance. Staff will spend time as needed to review the required checklist for permit issuance. ATTACHMENTS Ordinance ORDINANCE NO. N.C.S. Introduced by ATTACHMENT 1 Seconded by AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING CHAPTER 17.10 TO THE CITY OF PETALUMA MUNICIPAL CODE ENTITLED "EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS" IN ACCORDANCE WITH THE REQUIREMENTS OF CALIFORNIA GOVERNMENT CODE SECTION 65850.5 (AB -2188) WHEREAS, Subdivision (a) of section 65850.5 of the California 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 minimizing the permitting cost of such systems; and WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: SECTION 1: Chapter 17.10 entitled "Expedited Permitting Procedures for Small Residential Rooftop Solar Systems" is hereby added to the City of Petaluma Municipal Code to read in full as follows: 17.10.010 Definitions. In accordance with California Government Code section 65850.5, subdivision 0), The following words and phrases as used in this chapter are defined as follows: A. `Electronic submittal" means the utilization of one or more of the following: 1. e -mail, 2 2. the internet, 3. Facsimile B. "Small residential rooftop solar energy system" means 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 paragraph (iii) of subdivision(c) of Section 714 of the Civil Code, as such section or subdivision may be amended or redesignated from time to time. 3. A solar system that is installed on a single or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City. C. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered or redesignated from time to time. 17.10.020 Purpose Subdivision (g), paragraph (1) of Section 65850.5 of the California Government Code provides that on or before September 30, 2015, every city, county or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small rooftop solar energy systems. The purpose of this chapter is to create an expedited, streamlined permitting process for small rooftop solar energy systems in accordance with the requirements of California Government Code section 65850.5. 17.10.030 Checklist Subdivision (g), paragraph (1) of Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, every city, county or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official shall prepare and the City hereby adopts by reference the checklist prepared by the building official pursuant to this section which shall be substantially in conformance with the checklists contained in the most current version as of the adoption of this chapter of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. In accordance with Subdivision (g), paragraph (2) of Section 65850.5 of the California Government Code, the Building Official may recommend and the City may adopt by amendment to this chapter a checklist that modifies the checklists contained in the Guidebook based on unique climactic, geological, seismological or topographical conditions present in the City. Checklists adopted in accordance with this section shall be published on the City's internet website and be available at the Building Division counter. 17.10.040 Preparation for Application Submission In order to help ensure that residential rooftop solar systems do not have adverse impacts upon the public health or safety, and to help expedite City inspection and approval of proposed residential solar systems, prior to submitting an application, the applicant shall: A. Verify to applicant's reasonable satisfaction through the use of standard engineering techniques that the support structure for the small residential rooftop solar system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and B. At the applicants cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing residential electrical system including line, load, ground and bonding conductors as well as the main panel and any subpanels are adequately sized, based on the electrical system's current use, to carry all new photovoltaic electrical loads. 17.10.050 Application Submission Applicants may submit a permit application and associated documentation to the City's Building Division using any means accepted by the City, including electronic means once the City is adequately equipped to receive electronic submittal of permit applications and associated documentation, including electronic signatures. As of the adoption of this chapter, the City is unable to receive permit applications electronically because the City has not obtained and implemented the software tools necessary to permit electronic permit applications. All forms requiring a signature must be signed by the applicant. 17.10.060 Inspection In accordance with California Government Code Section 65850.5, subdivision(h), for small residential rooftop solar energy systems eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may be consolidated with any applicable Fire Department inspection. If a small residential rooftop solar energy system fails inspection, the City may order subsequent inspection(s) as appropriate. 17.10.070 Application Completion An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon the receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. 17.10.080 Application Approval A. In accordance with California Government Code section 65850.5, subdivision (b), City review of applications to install residential solar energy systems that have been M completed in accordance with the requirements of this chapter shall be limited to the Building Official's review of whether the proposed installation meets all health and safety requirements of local, state and federal law. Requirements imposed on applications pursuant to this chapter will be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. In accordance with California Government Code section 65850.5, subdivision (e), conditions the Building Official imposes on applications pursuant to this chapter and other applicable law shall be designed to mitigate specific, adverse impacts upon the public health and safety at the lowest cost possible. B. In accordance with California Government Code section 65850.5(f), residential solar energy systems approved pursuant to this chapter shall meet all applicable health and safety standards and requirements imposed by state and local permitting authorities, including the following: 1. Solar energy systems for heating water in single family residences and solar collectors used for heating water in swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes. 2. A solar energy system 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. C. Upon confirmation by the Building Official that the application and supporting documentation is complete and meets the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits and authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electrical grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. Issuance of all City - required permits and authorizations shall be subject to payment of any applicable permit processing and inspection fees. SECTION 2. Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional. SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after the date of its adoption by the Petaluma City Council. SECTION 4. Publication. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the planner provided by City Charter and other applicable law.