HomeMy WebLinkAboutCC Ord 1657 2016-09-12ORDINANCE NUMBER 1657
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
SECTION 9.60.190 (SOLAR ENERGY SYSTEM PERMIT
EXPEDITING) TO CHAPTER 9.60 (BUILDING CODE) OF TITLE 9
(PUBLIC PROPERTY, PUBLIC WORKS, AND BUILDING
REGULATIONS) OF THE SEAL BEACH MUNICIPAL CODE TO
PROVIDE AN EXPEDITED, STREAMLINED PERMITTING
PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR
ENERGY SYSTEMS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
A. 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.
B. Subsection (a) of Section 65850.5 of the California Government Code
provides that it is the policy of the State 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; and
C. Subdivision (g)(1) of Section 65850.5 of the California Government Code
provides that, on or before September 30, 2015, every city, county, or city
and county shall adopt an ordinance, consistent with the goals and intent of
subdivision (a) of Section 65850.5, that creates an expedited, streamlined
permitting process for small residential rooftop solar energy systems.
D. The City of Seal Beach City Council seeks to implement Assembly Bill 2188
and further State policy by adopting this ordinance.
Section 2. Section 9.60 (Solar Energy Systems Permit Expediting) is added to
Chapter 9.60 (Building Code) of Title 9 (Public Property, Public Works, and
Building Regulations) of the City of Seal Beach Municipal Code to read as follows:
9.60.190 SOLAR ENERGY SYSTEM PERMIT EXPEDITING.
9.60.190.010 PURPOSE.
The purpose of this section is to establish an expedited, streamlined solar energy
system permitting process for small residential rooftop solar energy systems that
complies with the Solar Rights Act and Assembly Bill 2188 (Chapter 521, Statutes
of 2014) to achieve timely and cost- effective installations of small residential rooftop
solar energy systems. This section encourages the use of solar energy 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
section allows the city to achieve these goals while protecting the public health and
safety.
9.60.190.020 APPLICABILITY.
' A. This section 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 section are not subject to the
requirements of this section unless physical modifications or alterations are
undertaken that materially change the size, type, or components of the small
rooftop energy system in such a way as to require new permitting. Routine
operation and maintenance shall not require a permit.
§ 9.60.190.030 DEFINITIONS.
Ordinance Number 1657
The following words and phrases as used in this section are defined as follows:
A. "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 paragraph (iii) of subdivision (c) of Section 714 of the
Civil Code, as such section or subdivision may be amended,
renumbered, or redesignated from time to time.
3. A solar energy system that is installed on a single or duplex family
dwelling.
4. A solar panel or module array that does not exceed the maximum legal
building height as defined by the authority having jurisdiction.
B. "Solar energy system" has the same meaning set forth in paragraphs (1)
and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such
section or subdivision may be amended, renumbered, or redesignated
from time to time.
C. "Association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
D. "Common interest development' means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
E. "Electronic submittal" means the utilization of one or more of the following:
1. Electronic mail or e-mail.
2. City's website.
3. Facsimile.
F. "Significant' with regards to solar domestic water heating systems or solar
swimming pool heating systems that comply with state and federal law, to
mean an amount exceeding 10% of the cost of the system, not to exceed
$1,000 or decreasing the efficiency of the solar energy system by an
amount exceeding 10 %, and with regard to photovoltaic systems that
comply with state and federal law, an amount not to exceed $1,000 over
the system cost or a decrease in system efficiency of an amount
exceeding 10 %.
G. "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.
9.60.190.040 SOLAR ENERGY SYSTEM REQUIREMENTS.
Ordinance Number 1657
A. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the state and the city, and the local utility
provider's electricity grid.
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.
9.60.190.050 DUTIES OF BUILDING & SAFETY DIVISION AND BUILDING
OFFICIAL.
A. All documents required for the submission of an expedited solar energy
system application shall be made available on the city's website.
B. An applicant may submit the permit application and associated
documentation to the City's building and safety division by personal delivery,
mail, or electronic submittal together with any required permit processing
and inspection fees.
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 and safety division shall adopt a standard plan(s) and
checklist(s) of all requirements with which small residential rooftop solar
energy systems shall comply to be eligible for expedited review.
E. The small residential rooftop solar system permit process, standard plan(s)
and checklist(s) shall substantially conform to recommendations for
expedited permitting, including the standard plan(s) and checklist(s)
contained in the most current version of the California Solar Permitting
Guidebook adopted by the Governor's Office of Planning and Research.
9.60.190.050 PERMIT REVIEW AND INSPECTION REQUIREMENTS
A. Prior to submitting an application, the applicant shall:
1. Verify to the applicant's reasonable satisfaction through the use of
standard engineering evaluation techniques that the support structure for
the small residential rooftop solar energy system is stable and adequate
to transfer all wind, seismic, and dead and live loads associated with the
system to the building foundation; and
2. At the applicant's cost, verify to the applicant's reasonable satisfaction
using standard electrical inspection techniques that the existing electrical
system including existing line, load, ground and bonding wiring as well as
main panel and subpanel sizes are adequately sized, based on the
existing electrical system's current use, to carry all new photovoltaic
electrical loads.
B. For a small residential rooftop solar energy system eligible for expedited
review, only one inspection shall be required, which shall be done in a timely
manner and may include a consolidated inspection by the building official
and fire chief. If a small residential rooftop solar energy system fails
inspection, a subsequent inspection is authorized; however, the subsequent
inspection need not conform to the requirements of this subsection.
C. An application that satisfies the information requirements in the checklist, as
determined by the building official, shall be deemed complete. Upon receipt
of an incomplete application, the building official shall issue a written
correction notice detailing all deficiencies in the application and any
additional information required to be eligible for expedited permit issuance.
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Ordinance Number 1657
D. Except as otherwise required by Subsection (E) of this section, upon
confirmation by the building official of the application and supporting
documentation being complete and meeting the requirements of the
checklist and standard plan(s), the building official shall administratively
approve the application and issue all required permits or authorizations.
Such approval does not authorize an applicant to connect the small
residential rooftop energy system to the local utility provider's electricity grid.
The applicant is responsible for obtaining such approval or permission from
the local utility provider.
E. 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.
F. Requirement for a Use Permit
1. Notwithstanding any other provision of this Section 9.60.190, the building
official may require the applicant to apply for a use permit if the building
official makes a finding, based on substantial evidence, that the solar
energy system could have a specific, adverse impact upon the public
health or safety.
2. If a use permit is required, the building official may deny an application
for the use permit if the building official makes written findings based on
substantial 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.
3. Any conditions imposed on an application shall be designed to mitigate
the specific, adverse impact upon health or safety at the lowest possible
cost.
4. 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, or as such statute may be amended
from time to time.
5. Any decision of the building official under this Subsection (E) may be
appealed to the Planning Commission.
9.60.190.060 FEES.
The City Council may adopt or amend plan review and permit fees by resolution to
implement and administer this section. The applicant shall pay all plan review fees
at the time of plan review submittal. Permit fees shall be paid at the time of permit
issuance.
9.60.190.070 CONFLICTING PROVISIONS.
In the event of any conflict between this section and any other provision of this
Code, this section shall control."
SECTION 2. Exemption from California Environmental Quality Act. The City
Council hereby determines that this Ordinance is exempt from review under the
California Environmental Quality Act ( "CEQA ") (California Public Resources Code
Section 21000 et seq.), pursuant to State CEQA Regulation 15307 (14 Cal. Code
Reg. §§ 15307 and 15308 as an action taken to assure the maintenance,
restoration, enhancement, or protection of a natural resource where the regulatory
process involves procedures for protection of the environment. This Ordinance is
limited to ensuring the expedited processing of permits to install small residential
rooftop solar energy systems to preserve energy. There is no evidence to suggest
that this Ordinance will result in a significant impact on the environment, including
Ordinance Number 1657
impacts due to unusual circumstances. The adoption of this Ordinance includes
provisions that will result in the enhancement and protection of energy resources in
the City, and will not result in cumulative adverse environment impacts. As a
separate and independent ground, the City Council finds that this Ordinance is
covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment. Because it can be seen
with certainty that there is no possibility that this Ordinance will have a significant
effect on the environment, this Ordinance is not subject to CEQA pursuant to State
CEQA Guidelines Section 15061(b)(3). The City Council hereby directs the City
Manager or designee to prepare and file a Notice of Exemption as soon as possible
following adoption of this Ordinance.
Section 3. Continuity. To the extent the provisions of this Ordinance are
substantially the same as previous provisions of the Seal Beach Municipal Code,
these provisions will be construed as continuations of those provisions and not as
amendments of the earlier provisions.
Section 4. Intent to Comply with Laws. The City Council intends this
Ordinance to supplement, not to duplicate or contradict, applicable state and
federal law and this Ordinance will be construed in light of that intent.
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 this ordinance 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. Effective Date. This Ordinance shall go into effect and be in full force
and effect thirty (30) days after its final passage and adoption.
Section 7. City Clerk Certification. The City Clerk shall certify to the adoption
of this Ordinance, and the City Clerk shall cause this Ordinance or a summary
thereof to be published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 12th day of September 2016. /
'J6 paf' f� Sandra Massa - Lavitt, Mayor
Attest:
Robin L. Roberts, City Clerk : _
STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Approv to f rm:
/"�/ j, —
g A Steele, City Attorney
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 8th day of August 2016 and was passed, approved and adopted by the City
Council at a regular meeting held on the 12th day of September, 2016 by the
following vote:
AYES: Council Members: Massa - Lavitt, Varipapa, Deaton, Sloan, Miller
NOES: Council Members: None
ABSENT: Council Members: None
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Ordinance Number 1657
ABSTAIN: Council Members: None
And do hereby further certify that Ordinance Number 1657 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2863.
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