HomeMy WebLinkAboutOrd. No. 2015-1343 Small Residential Rooftop Solar System Streamlined Permitting ProcessORDINANCE NO. 2015 -1343
AN ORDINANCE OF THE CITY COUNCIL 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:
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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.
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.
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15.14.030- Applicability
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.
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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.
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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 ugust, 2015, and Adopted at the
regular meeting of the City Council of the C' o a Elsinore, California, on the 8th day
of September, 2015.
Manos
ATTEST:
Dianr on, Acting City Clerk
APPROVED AS T FOR
Ba ara Leibold, City Attorney
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 -1343 was introduced at the regular City Council
meeting of August 25, 2015, and adopted at the regular meeting of September 8,
2015, by the following roll call vote:
AYES: Mayor Pro Tern Tisdale, Council Member Johnson, Council Member
Hickman, Council Member Magee, and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Diana Giron, Act6 g City Clerk