CC - Item 4D - Ordinance No. 945 - Second Reading: Municipal Code Amendment 15-03 - An Ordinace Amending the Building and Construction Code and Zoning Code to Comply with Newly Established State Regulations for Solar Energy SystemsROSEMEAD CITY COUNCIL
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER /
DATE: AUGUST 11, 2015
STAFF REPORT
SUBJECT: ORDINANCE NO. 954 — SECOND READING: 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
On July 28, 2015, the City Council introduced Ordinance No. 954, amending 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. Ordinance No. 954 is now before Council at the
required second reading for adoption.
Staff Recommendation
It is recommended that the City Council ADOPT Ordinance No. 954 at its second
reading.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
Michelle G. Ramirez
Community Development Director
Attachment A Ordinance No 954
ITEM NO. 4.D
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.
"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.
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.
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.
F. 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.
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.
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.
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 117.28.020(13)(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.
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.
PASSED, APPROVED, AND ADOPTED this day of ,
2015.
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