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HomeMy WebLinkAboutOrd 765 ORDINANCE NO. 765 AN ORDINANCE ADDING CHAPTER 8.60 "PERMITTING FOR ROOFTOP SOLAR SYSTEMS" TO THE CATHEDRAL CITY MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, the City Council seeks to implement AB 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and WHEREAS, the City Council wishes to advance the use of solar energy by all of its citizens, businesses and industries; and WHEREAS, the City Council seeks to meet the climate action goals set by the State; and WHEREAS, solar energy creates local jobs and economic opportunity; and WHEREAS, the City Council recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare and safety of the people of Cathedral City to provide an expedited permitting process to assure the effective deployment of solar technology. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF MUNICIPAL CODE TITLE 8 TO ADD CHAPTER 8.60 "PERMITTING FOR ROOFTOP SOLAR SYSTEMS" A new Chapter 8.60 "Permitting for Rooftop Solar Systems" Shall Be Added to Title 8 of the Cathedral City Municipal Code as follows below: Chapter 8.60 "Permitting for Rooftop Solar Systems" Chapter 8.60.010. Definitions As used in this chapter, the following definitions shall have the following meanings: a. A "Solar Energy System"means either of the following: i. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar 1 ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 8.60 "PERMITTING FOR ROOFTOP SOLAR SYSTEMS" TO THE CATHEDRAL CITY MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, the City Council seeks to implement AB 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and WHEREAS, the City Council wishes to advance the use of solar energy by all of its citizens, businesses and industries; and WHEREAS, the City Council seeks to meet the climate action goals set by the State; and WHEREAS, solar energy creates local jobs and economic opportunity; and WHEREAS, the City Council recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare and safety of the people of Cathedral City to provide an expedited permitting process to assure the effective deployment of solar technology. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF MUNICIPAL CODE TITLE 8 TO ADD CHAPTER 8.60 "PERMITTING FOR ROOFTOP SOLAR SYSTEMS" A new Chapter 8.60 "Permitting for Rooftop Solar Systems" Shall Be Added to Title 8 of the Cathedral City Municipal Code as follows below: Chapter 8.60 "Permitting for Rooftop Solar Systems" Chapter 8.60.010. Definitions As used in this chapter, the following definitions shall have the following meanings: a. A "Solar Energy System"means either of the following: i. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar 1 energy for space heating, space cooling, electric generation, or water heating. ii. Any structural desi•n 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" means all of the following: i. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal ii. 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. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the City. c. "Electronic submittal" means the utilization of one or more of the following: i. Email; ii. The Internet; iii. 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: i. A community apartment project. ii. A condominium project. iii. A planned development. iv. A stock cooperative. f. "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. g. "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. 2 h. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance"means: i. 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 10 percent, as originally specified and proposed. ii. 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 10 percent as originally specified and proposed. Chapter 8.60.020. Purpose The purpose of the Ordinance is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This Ordinance allows the City to achieve these goals while protecting the public health and safety. Chapter 8.60.030. Applicability a. This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the City. b. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance 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. Chapter 8.60.040. 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, local fire department or district. 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 Code. 3 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. Chapter 8.60.050. Duties of the Building Department a. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible Cathedral City website. b. Electronic submittal of the required permit application and documents by email, the Internet, and/or facsimile 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 Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The checklist shall be published on the City's Internet website. e. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, includinq 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 c.mply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. The City's Building Department shall impose a residential solar permit fee of $500 for every application to cover the administrative costs of processing the application. The residential solar permit fee shall follow the fee guidelines in accordance with Government Code Section 66015. Chapter 8.60.060. Permit Review and Inspection Requirements a. The City Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this Ordinance. The Building Department shall issue a building permit or other nondiscretionary permit on the same day for over-the-counter applications or within 1-3 business 4 days for electronic applications of receipt of a complete application and of receipt of Applicant'and which meets the requirements of the approved checklist and standard plan. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy s stem could have a s!.::ecific adverse im..act u•on the •ublic health and safet.. Such decisions may be appealed to the Planning Commission. b. Review of the application shall be limited to the building official's review of whether the a plication meets local, state, and federal health and safety requirements. c. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission. d. Any condition imposed on an application shall be designed to mill.ate the s•ecific adverse imr•act u ,on health and safe at the lowest possible cost. e. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or miti•ation im•:•sed b the Cit on another similar! situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Ct•de defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. f. The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. g. If an applicati,•n is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. h. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. 5 i. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request an,. provide a two (2) hour inspection window. j. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Ordinance. SECTION 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. SECTION 3. REPEAL OF CONFLICTING PROVISIONS All the provisions of the Cathedral City Municipal Code adopted by the City of Cathedral City that are in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. AMENDING OF BAIL SCHEDULE The City Attorney's Office is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside. SECTIONS. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after its adoption by the City Council of the City of Cathedral City. SECTION 6. CITY ATTORNEY REVIEW The City Attorney prepared and framed this ordinance pursuant to Section 1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt this ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent with the general powers and purposes of the City as set forth in Section 1.04.031 of the Municipal Code. SECTION7. EXECUTION AND CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. 6 The foregoing Ordinance was approved and adopted at a meeting of the City Council held onAugust 26 , 2015 by the following vote: Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor Pro Tem Pettis and Mayor Hs?nry Noes: None Abstain: None Absent: None tan Henry, Mayor ATTEST: APPROVED AS TO FORM: Gary . Ho II, City Clerk ' Charles R. Green, City Attorney P:\APPS\WPDATA\CATH\0001\DOC\2959.01-Ordinance AB 2188 (KAP 8-12-15 .docx 7