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Home My WebLink AboutID# 15-738 Ordinance No. 2015-1343 Amending Titile 15 LEMCCITY OF ,ice LAI, E Cog LSINORT DRLAM EXTREME. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: August 25, 2015 PROJECT: Ordinance Amending Title 15 of the Lake Elsinore Municipal Code to Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Energy Systems. Recommendation Staff recommends that the City Council: 1. Approve and Introduce by title only and waive further reading of Ordinance No. 2015- ; An Ordinance of the City of Lake Elsinore, California, Amending Title 15 of the Lake Elsinore Municipal Code to Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Energy Systems. Background Assembly Bill (AB) 2188 was signed into law by Governor Brown on September 21, 2014. AB 2188 modified several sections of state law that regulate how local jurisdictions review, permit, and inspect small residential rooftop solar energy systems (solar energy systems). Specific requirements of AB 2188 include: • Cities must adopt an ordinance to streamline permitting process for solar energy systems. Ordinance must be adopted on or before September 30, 2015. • Cities must develop a checklist for solar energy systems and the checklist must be on the internet. • Plan check, permit issuance, and inspection fees cannot exceed $500.00 dollars for solar energy systems. • Limit inspection to one visit, unless the installation fails the initial inspection. In order to comply with the provisions of AB 2188, staff has drafted a checklist for small energy systems, including application materials and has posted it to the City's website. City Council Report — Solar Energy Systems Ordinance August 25, 2015 Page 2 of 2 In addition the Building and Safety Division has developed and implemented specific operating practices which details the review, permitting, and inspections of solar energy systems, and has also limited permitting fees to $500.00 dollars. Staff has also drafted an Ordinance amending Title 15 of the Lake Elsinore Municipal Code to provide an expedited, streamlined permitting process for solar energy systems. Discussion and Analysis The City has previously implemented all the specific requirements of AB 2188, except for the adoption of an ordinance to streamline permitting process for solar energy systems. The proposed ordinance has been reviewed by the City Attorney and it was determined that it complies with the requirements of AB 2188. Adoption of the proposed ordinance is required to occur on or before September 30, 2015. Through the adoption of the proposed ordinance the City will be in full compliance with the legal requirements of AB 2188. Environmental Determination This Ordinance is not subject to the California Environmental Quality Act (CEQA) Guidelines under the General Rule (Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California Law, specifically Government Code Section 65850.5 and Civil Code Section 714. It can be seen with certainty that the proposed Municipal Code text amendment will have no significant negative effect on the environment. Fiscal Impact Costs have been incurred for staff time to research, draft and process the ordinance. Plan check, permit issuance, and inspection fees have been limited to the thresholds identified by AB 2188 previously and have been included in the budget projections. Prepared by: Justin Kirk, Senior Planner Reviewed by: Richard MacHott, LEED Green Associate Planning Manager Grant Taylor, Community Development Director Approved by: Grant Yates, City Manager Attachments: 1. Proposed Ordinance 2. Small residential rooftop solar energy systems checklist and permit application ORDINANCE NO. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 15 OF THE LAKE ELSINORE MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, on September 21, 2014 the State of California enacted Assembly Bill 2188 relating to solar energy amending Section 714 of the California Civil Code and Section 65850.5 of the California Government Code; and WHEREAS, the City recognizes the importance of "green technology" and by this Ordinance seeks to implement Assembly Bill 2188 by creating an expedited, streamlined permitting process for small residential rooftop solar energy systems. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.74 is hereby added to the Lake Elsinore Municipal Code to read as follows: CHAPTER 15.73 — Small Residential Rooftop Mounted Solar Systems 15.74.010 - Purpose and Intent 15.74.020 - Definitions. 15.74.030 - Applicability 15.74.040 - Solar Energy System Requirements 15.74.050 - Applications and Documents 15.74.060 - Permit Review and Inspection Requirements 15.74.010 — Purpose and Intent. The purpose of the chapter is to provide an expedited, streamlined solar permitting process that complies with Government Code Section 65850.5. in order to achieve timely and cost - effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizes costs to property owners, and expands the ability of property owners to install solar energy systems. 15.74.020 — Definitions As used in this chapter: "Solar Energy System" means either of the following: ORDINANCE NO. 2015 -_ PAGE 2 of 6 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. 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. the City 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 or two family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City "Specific, adverse impact" means a significant, quantifiable, direct, 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. "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: 1. For water heater systems or solar swimming pool heating systems: an amount exceeding 10 percent (10 %) 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 (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 10 percent (10 %) as originally specified and proposed. ORDINANCE NO. 2015 - PAGE 3 of 6 15.14.030- AppiicabiIity A. This chapter 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 the ordinance codified in this chapter 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. C. A use permit and /or architectural review may be required for properties on the City's list of historic resources as deemed necessary by the Community Development Director. 15.14.040 -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. 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. 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. 15.74.050 - Applications and Documents A. All documents required for the submission of an expedited solar energy system application shall be made available on the City website. B. The City's Building and Safety Division 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. C. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) 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. ORDINANCE NO. 2015 -_ PAGE 4 of 6 D. The City currently does not have the capabilities to accept electronic plan submittals and therefore will not accept electronic submittal at this time. When the City develops the ability to accept plans electronically, Small Residential Rooftop Mounted Solar Systems will be permitted to be submitted electronically. 15.74.060- Permit Review and Inspection Requirements A. The Community Development Director shall implement an administrative, review process to expedite approval of small residential rooftop solar energy systems. Subject to satisfactory review of the permit application, the Building and Safety Division shall issue a building permit within three (3) business days from the date in which a permit application is made. The Building Official may require an applicant to apply for a Minor Design Review 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 shall be limited to the Building Official's review of whether the application meets local, State, and Federal health and safety requirements. C. If a Minor Design Review is required, the City may deny such application if it 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 City Planning Commission. D. Any condition imposed on an application shall 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 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 Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. F. 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 shall be sent to the applicant for resubmission. ORDINANCE NO. 2015 - PAGE 5 of 6 G. Only one inspection shall be required and performed by the Building and Safety Division for small residential rooftop solar energy systems eligible for expedited review. H. The inspection shall be done in a timely manner and should include consolidated inspections. I. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. The City Council finds that this Ordinance is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California Law, specifically Government Code section 65850.5 and Civil Code section 714. It can be seen with certainty that the proposed Municipal Code text amendment will have no significant negative effect on the environment. SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 25th day of August, 2015, and Adopted at the regular meeting of the City Council of the City of Lake Elsinore, California, on the day of 2015. Mayor Steve Manos City of Lake Elsinore City Council ATTEST: Diana Giron, Acting City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney ORDINANCE NO. 2015-. PAGE 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, DIANA GIRON, Acting City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2015 - was introduced at the regular City Council meeting of August 25, 2015, and adopted at the regular meeting of , 2015, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Diana Giron Acting City Clerk Building and Safety Department Crry or Residential Solar Photovoltaic Systems The following information and requirements are necessary for the issuance of permits for residential solar photovoltaic electrical systems. As of January 1, 2014 Permits for Solar Systems will no longer be issued over the counter, there will be a 1 -3 day plan check review. 1. All plans and specifications shall be designed under the applicable provisions of the 2013 edition of the California Building, Electrical and Energy Codes. 2. There is a minimum of 36" clearance required at the ridgeline, valleys and eaves where Solar Array's are installed on roofs. Arrays are allowed to be installed down to the eave if there remains (3) three access points from the ground to the ridge. 3. Ground mounted solar arrays shall be erected in areas clear of combustible vegetation. A minimum vegetation clearance or mowed perimeter of 10' shall be maintained. Planning Department approval of the site plan may be required for ground mounted installations. A. All solar photovoltaic plans will be required to have the following items: a. Provide plans and specification for the photovoltaic modules, panel, arrays and framing supports. b. Submit three (3) sets of plans for the photovoltaic module array. C. Three (3) copies of a plot plan showing the location on the property of the photovoltaic array in relationship to the lot property lines with required setback dimensions and locations of all disconnects, inverters and existing electrical meter(s). d. Two (2) copies of engineering calculations. e. Specify conduit size, location (inside and outside of the building) and wire sizes. f. Details for roof - mounted solar panel support and attachment, or for ground - mounted solar panel supporting structure and attachment. Specify roof dead load and wind uplift values. g. For a roof - mounted array, please provide: • Provide the array per square foot weight. • Provide the per square foot dead load of the existing roof (roof covering material + underlayment + sheathing weight). Total dead load, existing per square foot roof dead load plus per square foot array weight, in excess of ten (10) pounds per square foot requires a structural analysis to be included with plan submittal. • Show the array supports, the roof penetrations and the connection to the roof- framing members. ® Identify the method of flashing and sealing of the roof penetrations. Provide Engineering Calculations when Total Dead Load exceeds 10 lbs. or the roofing material is TILE or on a trussed roof. See 2010 CBC [ASCE 7- 051] Seismic Loads. h. An electrical single -line diagram showing the number of photovoltaic panels with voltage and kilowatt output ratings, the size of the main electrical panel bussing in amperes, and the size of the photovoltaic circuit breaker in amperes. i. Show the locations of the main building electrical disconnect as requires by CEC Articles 690.14. j. Show and specify the building directory signage required by CEC Article 225.37 and 690.56. k. Provide calculations that verify the sum of the ratings of the over current devices supplying power to the bus bar /conductor so that the panel rating does not exceed 120 percent. Where the panel boards are connected in a series the rating of the first over current device shall be used in the calculations. CEC Article 690.6 (B).2 I. Provide the manufacturer's information brochures for the inverter, the photovoltaic modules and mounting system. rfAND rfVj i i fy2�n; tt9XhW(CY � � Cfi� N U9YtKiGT f ( -� [k]YfP} k i s } i�v\r {r-nw }[row zxc ucrxk �� - y ' 't APPLICATION FOR 13UILDING PERMIT VALUATION CALCULATIONS APPLICATION NO, 1st FLOOR SF 2nd FLOOR SF 3rd FLOOR SF GARAGE SF STORAGE SF DECK & BALCONIES SF OTHER: SF FEES BUILDING PERMIT PLAN CHECK PLAN REVIEW SEISMIC PLAN RETENTION I certify that I have read this application and state that the above information is correct. I agree to comply with all city and county ordinances and state lauds relating to building construction, and hereby authorize representatives of this City to enter upon the above - mentioned property for insp- tion purposes. Signature of Applicant or Agent Date Agent for E:j contractor E] owner Agents Name Agents Address .., �,e 130 South Main Street APPLICATION NO, APPLICATION RECEIVED DATE BUILDING ADDRE' TRACT BLOCK /PA ,E L0"I7PARCEL O ME W N AILIN ADDRESS PFI NE E R I' Y T�'� ATE %LIP C 0 N I hereby affirm that I am licensed under provisions Of chapter 9 (commenan with section 7000) of division 3 of the business and professions code,and my license is In full force and effect. LICENSE It CITY BUSINESS AND CLASS TAX & T R NAME A C MAILING ADDRESS T O CITY STATE/7_IP PHONE R CON7 RAG 'r R' , ATURE 0A 1'_- A ME LICENSE # R C MAILING ADDRESS _........._..- .......— _ H CITY STATE/ZIP PHONE ❑ NEW OCC GRP. / DIVISION: CONST. TYPE: ❑ADDITION ❑ ALTERATION NUMBER OF STORIES: NUMBER OF BEDROOMS: p OTHER SINGLE FAMILY ZONE: 0 APART "MEN TS 0 CONDOMINIUME HAZARD AREA? YES NO TOWN I"IOMES ERCIAL SPRINKLERS REQUIRED? YES NO TRIAL rMA R PROPOSED USE OF PRESENT USE OF BLDG: BLDGLISH JOB DESCRIPTION