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CC - Item 5A - Municipal Code Amendment 15-03 Amending the Building and Construction Code and Zoning Code to Comply with Newly Established State Regulations for Solar Ebergy SystemsROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE. JULY 28, 2015 SUBJECT: MUNICIPAL CODE AMENDMENT 15 -03 AN ORDINANCE AMENDING THE BUILDING AND CONSTRUCTION CODE AND ZONING CODE TO COMPLY WITH NEWLY ESTABLISHED STATE REGULATIONS FOR SOLAR ENERGY SYSTEMS SUMMARY Municipal Code Amendment 15 -03 is a City initiated amendment that proposes to amend the Building and Construction Ordinance and Zoning Ordinance to comply with newly established State regulations for the streamlining of permit processes for small residential rooftop solar systems. Staff Recommendation It is recommended that the City Council introduce for First Reading, by title only, Ordinance No. 954: "An Ordinance of the City Council of the City of Rosemead, County of Los Angeles, State of California, Approving Municipal Code Amendment 15 -03, Adding Chapter 15.10 — Solar Energy Systems to Title 15 (Building and Construction) and Amending Subsection 17.28.020(B)(3)(b)(5) of Title 17 (Zoning) of the City of Rosemead Municipal Code Related to State Regulations for Solar Energy Systems ", and bring back Ordinance No. 954 to the meeting of August 11, 2015 for consideration of adoption. BACKGROUND Section 65850.5(a) of the California Government Code provides that it is the policy of the State of California to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. In furtherance of that objective, Section 65850.5(g)(1) of the California Government Code requires that, on or before September 30, 2015, every city, county, or city and county must adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. ITEM NUMBER: 5.A City Council Meeting July 28, 2015 Page 2 of 2 The Community Development Department currently expedites the review of such applications by reviewing and issuing applications for photovoltaic solar systems permits within 3 business days. However, it is required to adopt the ordinance mandated by Section 65850.5(g)(1), which must be adopted by September 30, 2015. The attached ordinance is intended to satisfy that requirement. The ordinance codifies the requirements of Section 65850.5(g)(1), such as accepting and approving applications by email and in person, directing the City to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, and authorizes the Building Official to administratively approve such applications. ENVIRONMENTAL DOCUMENTATION Municipal Code Amendment 15 -03 is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no significant effect on the environment. LEGAL REVIEW The attached Ordinance No. 954 has been reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: L e'� Michelle Ramirez Community Development Director Attachment A: Ordinance No. 954 ATTACHMENT "A" ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT 15 -03, ADDING CHAPTER 15.10 - SOLAR ENERGY SYSTEMS TO TITLE 15 (BUILDING AND CONSTRUCTION) AND AMENDING SUBSECTION 17.28.020(B)(3)(b)(5) OF TITLE 17 (ZONING) OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATED TO STATE REGULATIONS FOR SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWS: SECTION 1 . Findings. A. Government Code section 65850.5 outlines the state's policy to promote the use of solar energy systems and minimize local land use regulations that may discourage such use. B. Assembly Bill 2188 amends portions of the Solar Rights Act of 1978 and imposes new requirements for cities. Assembly Bill 2188 specifically amends Government Code section 65850.5 to require cities to adopt by ordinance an expedited permitting process for small residential rooftop solar energy systems by September 30, 2015. C. The Rosemead City Council seeks to implement Assembly Bill 2188 and further state policy by adopting this ordinance. SECTION 2. Addition of Chapter 15.10. Title 15 (Building and Construction) of the Rosemead Municipal Code is amended to add Chapter 15.10 — Solar Energy Systems, as follows: Chapter 15.10 — Solar Energy Systems Sections: 15.10.010 Purpose. 15.10.020 Applicability. 15.10.030 Definitions. 15.10.040 Solar Energy System Requirements. 15.10.050 Expedited Application. 15.10.060 Permit Review and Inspection Processes. 15.10.010 — Purpose. The purpose of Chapter 15.10 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. Chapter 15.10 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. Chapter 15.10 allows the City to achieve these goals while protecting the public health and safety. 15.10.020 — Applicability. Chapter 15.10 applies to the permitting of all small residential rooftop solar energy systems in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of Chapter 15.10 are not subject to the requirements of Chapter 15.10 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 will not require a permit. 15.10.030 — Definitions. For the purpose of carrying out the intent of Chapter 15.10: "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. "City" means the City of Rosemead. "Common interest development" means any of the following: A. A community apartment project. B. A condominium project. C. A planned development. D. A stock cooperative. "Electronic submittal" means submission by one or more of the following means: A. Email; B. The Internet; C. Facsimile. "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. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means: A. 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. B. 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. 2 "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 and all state and City health and safety standards. 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 City. "Solar Energy System" means either of the following: A. 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. B. 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. "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. 15.10.040 — Solar Energy System Requirements. A. All solar energy systems must meet applicable health and safety standards and requirements imposed by the state, the City, and the City's fire department. B. Solar energy systems for heating water in single - family residences and for heating water in commercial or swimming pool applications must be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. C. Solar energy systems for producing electricity must 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. 15.10.050 — Expedited Application. A. All documents required for the submission of an expedited solar energy system application will be made available on the publicly accessible City Website. B. Electronic submittal of the required permit application and documents by email, the Internet, or facsimile will be made available to all small residential rooftop solar energy system permit applicants. C. An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature. D. The City will adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems will comply to be eligible for expedited review. E. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) will 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. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. 15.10.060 — Permit Review and Inspection Processes. A. The City will adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems after the adoption on this Chapter. The City will issue a building permit or other nondiscretionary permits the same day for over - the - counter applications or within 1 -3 business days for electronic applications of receipt of a complete application that 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 system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City Planning Commission. B. Review of the application will be limited to the building official's review of whether the application 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 will include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission. D. Any condition imposed on an application must be designed to mitigate the specific, adverse impact upon health and safety 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 mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City will 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 Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. CI F. The City may not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. G. If an application 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 will be sent to the applicant for resubmission. H. Only one inspection will be required and performed by the City for small residential rooftop solar energy systems eligible for expedited review. I. The inspection will be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide a two 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 applicable to the first inspection." SECTION 3. Amendment to Subsection 17.28.020(B)(3)(b)(5). Subsection 17.28.020(B)(3)(b)(5) is amended to exclude solar energy systems from its design review standards, as follows: "5) The design of the structures, driveways, landscaping, lighting, loading facilities, parking areas, signs, solar facilities (except for solar energy systems under Chapter 15.10) and other site features should show proper consideration for the functional aspects of the site (such as, automobile, pedestrian and bicycle circulation) and the visual effect of the development on surrounding areas." SECTION 4. Environmental Determination. The City Council exercises its independent judgment and finds that this ordinance is exempt from environmental review. First, the ordinance involves updates and revisions to existing regulations, and it can be seen with certainty that the text amendments will have no significant negative effect on the environment, per CEQA Guidelines, Section 15061(b)(3). Second, this ordinance involves the potential installation of solar energy systems, which are exempt under Section 21080.35 of the Public Resources Code. SECTION 5 . Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed and adopted Ordinance No. 954 and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. Publication. The City Clerk shall cause this ordinance to be published in the manner required by law. 5 SECTION 7. Effective Date. The Mayor shall sign and the City Clerk attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption and be in full force and effect thirty (30) days from its date of adoption. 2015. PASSED, APPROVED, AND ADOPTED this day of Margaret Clark, Mayor City of Rosemead, California ATTEST: Carol Cowley, City Clerk City of Rosemead, California APPROVED AS TO FORM Rachel H. Richman, City Attorney Burke, Williams & Sorensen, LLP R