STAFF REPORT. Steven A. Preston, City Manager. Armine Chaparyan, Community Development Director ;4-e,.

Transcription

1 Community Development Department STAFF REPORT Date: To: From: By: Subject: August 18, 01 Steven A. Preston, City Manager Armine Chaparyan, Community Development Director ;-e,. Larissa De La Cruz, Associate Planner ~ Raymond Tao, Interim Building Official Ordinance Related to Regulations Governing Solar Energy Systems and Inspections SUMMARY On September 1, 01, Governor Brown signed into law Assembly Bill No. 188 (AB 188). AB 188 amends two of the several that compose Solar Rights Act - Civil Code Section 1 and Government Code Section and applies to statutes all cities, and counties that have jurisdiction over permitting. AB 188 requires a city and/ or county to adopt, on or before September 0, 01, in consultation with specified public entities an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. Staff recommends that the City Council: Introduce and place on first reading Ordinance No. 0-C.S. amending Tide XV, Chapter 10: Building Regulations to establish regulations governing solar energy systems and inspections. I. BACKGROUND California has become the first state in the country to mandate a standardized procedure for solar permitting. Every city and county in the state will soon be required to adopt a simplified procedure for residential rooftop solar panel systems. The State Legislature has determined that a streamlined permitting process gready benefits California homeowners with shorter wait times between contract signing, installation, inspection, and saving on their first month's electricity bill. Additionally, the bill would require a city to inspect a small residential rooftop solar energy system eligible for expedited review in a timely manner. Item No. 88

2 Solar Applications O rdinance- AB1 88 August 18, 0 IS In order to maintain compliance with State law, staff recommends the adoption of an ordinance to provide requirements and guidelines to help facilitate a streamlined and expedited permitting process for small residential solar energy permits. The law also requires the City to create a checklist to further facilitate the process. A draft copy of the checklist is attached and will be further developed and completed by September 0, 01 (Attachment.) II. ANALYSIS The proposed ordinance, if adopted, will provide provlslons to be used by solar comparues (manufactures and installers) and City of San Gabriel property owners outlining the submittal requirements needed for expedited solar permit processing. Applications: Solar permit applications will continue to be accepted in person by the Building and Safety Division during regular business hours. However, under AB 188, applications will also be permitted to be submitted via , internet, and facsimile. Inspections: Inspections for solar installations will be expected to consist of one (1) inspection when possible. Multiple inspections may be required should inspections by another department, such as the Fire Department, be required or corrections are given upon the initial inspection. It is important to note that the proposed ordinance has been reviewed by the City of San Gabriel Building and Safety Division, and the San Gabriel Fire Department, both of which concur with the proposed provisions and guidelines for solar energy systems, and will assist with the expedited permitting and inspection process. Fees: Like all fees, the fees for the permit cannot exceed the reasonable cost of the service for which the fee is charged. However, there is a cap that the fee cannot exceed $00 plus $1 per kilowatt for each kilowatt above 1 kilowatts absent substantial evidence of the reasonable cost to issue the permit. The City of San Gabriel currendy has a very quick turn-around time on small residential solar projects with most applications processed within - business days. This is because most solar companies have already begun using the plan standards spelled out in the State's Office of Planning and Research Solar Permitting Guidebook. Unfortunately, not all communities were as customer service oriented and the State has now dictated terms for approval process and timelines. Hence, the City, needs to adopt the Ordinance mandated by Section 80.(g)(1). The attached Ordinance is intended to satisfy that requirement. The Ordinance codifies the requirements of Section 80.(g)(1), such as developing a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, and authorizing the Building Official to administratively approve such applications. Additionally, the ordinance includes language around solar installations on historic resources and/ or buildings of historic merit. The process will require a review by the City's Preservation Architect-this review will also occur in a timely manner, to avoid any further delay of permit issuance.

3 Solar Applications O rdinance- AB188 August 18, 0 I A. ENVIRONMENTAL REVIEW This proposed Orclinance has been reviewed in accordance with the California Environmental Quality Act ("CEQA") and it has been determined that the adoption of this Orclinance is exempt from the requirements of the CEQA pursuant to State CEQA Guidelines Section 101 (b) () [1 C.C.R. 101 (b)()] which sets forth the rule that "CEQA" applies only to projects which have the potential for causing a significant effect on the environment. Adoption of this orclinance will protect, not cause a significant impact on, the environment. III. RECOMMENDATION A. Introduce and place on first reading Ordinance No. 0-C.S. relating to regulations governing solar energy systems and inspections. Attachments: 1. Ordinance No. 0-C.S.. DRAFT Solar Checklist

4 ATTACHMENT I ORDINANCE NO. 0-C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN GABRIEL, CALIFORNIA AMENDING TITLE 1, CHAPTER 10 OF THE SAN GABRIEL MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS WHEREAS, On September 1, 01, Governor Brown signed Assembly Bill 188, an act to amend Section 1 of the California Civil Code and Section 80. of the California Government Code, relating to solar energy, ("AB 188"), in furtherance of the State's policy to promote and encourage the use of 1 solar energy systems and to limit obstacles to their use. 1 WHEREAS, Subsection (g)(1) of California Government Code Section provides that, on or before September 0, 01, every city must adopt an ordinance that creates an expedited and streamlined permitting process for small residential rooftop solar energy systems. WHEREAS, The City Council of the City of San Gabriel seeks to implement AB 188 through the creation of an expedited, streamlined permitting 0 process for small residential rooftop solar energy systems. 1 WHEREAS, The City Council of the City of San Gabriel finds that it is in the interest of the health, welfare and safety of the public to provide an expedited, streamlined permitting process to encourage the effective development of solar technology. 8 ORD. NO. 0-C.S

5 ATTACHMENT 1 WHEREAS, The City Council of the City of San Gabriel finds that this Ordinance will have the effect of encouraging the installation of small residential rooftop solar energy systems and minimizing barriers, obstacles, and costs of obtaining permits for their installation; WHEREAS, on August 18, 01, the City Council of the City of San Gabriel conducted a first reading of this Ordinance; and 8 WHEREAS, on September 1, 01, the City Council of the City of San 9 Gabriel conducted a second reading of the Ordinance, and considered testimony and evidence at the Public Hearing held with respect thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN GABRIEL DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 1 of the San Gabriel Municipal Code, Chapter 10 is hereby amended as follows: (a) Section of the San Gabriel Municipal Code is hereby amended to read as follows: The purpose of this subchapter is to regulate the construction and installation of solar energy collectors, in order to protect the public health, safety, and welfare and to protect and promote the attractive appearance of neighborhoods, while encouraging the construction and installation of efficient solar energy systems at a reasonable cost and establishes an expedited, streamlined solar permitting process to achieve timely and cost-effective installations of small residential rooftop solar energy systems in compliance with California Government Code Section 80.. This chapter is designed to encourage the use of solar systems by removing barriers, minimizing costs to 8 ORD. NO. 0-C.S

6 ATTACHMENT I property owners and the City, and expanding the ability of property owners to install solar energy systems. This chapter allows the City to achieve these goals while protecting the public health and safety and to protect and promote the attractive appearance of neighborhoods. (b) Section 10. of the San Gabriel Municipal Code is hereby amended to read as follows: For the purpose of this subchapter, SOLAR ENERGY COLLECTOR shall mean equipment constructed or installed on, or located near the exterior of, any structure, as defined in 1.00 of this title, for the purpose of collecting, storing, or transferring solar energy. 1 Building Department. The Building and Safety Division of the City of San 1 Gabriel Director. The Community Development Director for the City of San Gabriel, or his or her designee. Electronic submittal. The utilization of for a submittal. Small residential rooftop solar energy system means all of the following: 1 1. A solar energy system that is not larger than 1 0 kilowatts alternating current nameplate rating or 0 kilowatts thermal..=..:... _-..!...,;A!...:s~o~la~r~e~!..!:ne~r~guy~s~ye!:s~te~m.!..!...!t:!..!h~at~c~o:::.!n.!!f~o:!..!rm.!..!.~sto~a~ll...::a~p:.z:,p:.!!li~ca~b~l~e~s~t~at~e::...f~ir'-!:e:..., ~s~tr~u..:::.ct~u:.:..ra:::.!.l.l. electrical. and other building codes as adopted or amended by the City and all State of California health and safety standards. 8 ORD. NO. 0-C.S

7 ATTACHMENT I. A solar energy system that is installed on a single or duplex family dwelling.. A solar panel or module array that does not exceed the maximum legal building height as defined by this Code. Solar energy system means either of the following : 1. Any solar collector or other solar energy device whose primary purpose is 8 to provide for the collection, storage, and distribution of solar energy for space 9 heating, space cooling, electric generation, or water heating. 10. 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, space cooling or water heating. SECTION. The City Council FURTHER FINDS, DETERMINES, AND DECLARES: New sections are hereby added to Chapter 10 of the San Gabriel Municipal Code to read as follows: Chapter 10.1 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS 10.1 APPLICABILITY. 1. This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the City of San Gabriel.. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy 8 ORD. NO. 0-C.S

8 ATTACHMENT 1 system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.. 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 8 the Public Utilities Commission regarding safety and reliability SOLAR ENERGY SYSTEMS REQUIREMENTS 10 (a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California. (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. 1 ~<c~)--~s~o~la~r~e~n~e~r~g~y~s~y~s~te~m~s_f~o~r~p~r~o~d~uc~i~n~g~e~l~e~ct~ri~c~ity~s~h~a~ll_m~e~e~t~a~ll~a~p~p~iic~a~b~le 18 safety and performance standards established by the California Electrical Code, 0 1 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 DUTIES OF THE BUILDING DIVISION AND BUILDING OFFICIAL ~< a-::!j.) ---!...A:.:.:.II...:d~o~c~u~m:..!.:e~n...:..:t:.:::.s...:r...:::e:..:::~q"-=u..:.:.i r~e=-d...:f=o.:...r...:.:thc..:..:e:...:::s=u=b.:...:.m.:..:.;is=s~io=n~o'"'-f~a=--=s.:...:.m=a=ll:...:...::re=s=id=e::..:.n..:...:t~ia:..:...l-=-r=oo=ft:...:.;o=-=p solar energy system application shall be made available on the City website. 8 ORD. NO. 0-C.S

9 ATTACHMENT 1 (b) Electronic submittal of the required application and documents via , the City's website. or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. (c) An applicant's electronic signature shall be accepted on all forms. applications. and other documents in lieu of a wet signature. (d) The Building Department shall develop and implement a standard plan 8 and checklist of all requirements for which small residential rooftop solar energy 9 systems shall be eligible for expedited review. The standard plan and checklist 1 o shall substantially conform to 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. (e) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with California Government Code Sections and 01 and California Health & Safety Code Section PERMIT REVIEW AND INSPECTION REQUIREMENTS (a) The Building Department shall implement the following administrative, 0 1 nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications. (1) Review of an application for a small residential rooftop solar energy system shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements. J.:(:.J.)_---!...F-=.o.:...r =a.!..!n...::a:::.j:p:..cpo..:.;l i=c=at=io=nc..:...:..;fo=r--'a=-=s'"-'m-'-=a=l::...;l r'-=e=s=id=-=e'"'-n=ti=a.:...l.:...:ro:...::o:...:..ft=o:..cp'-s=o=l=a.:...r-=e.:..;n=e.:...;rg""'y'-s.=...y'-"s:;..:.te=m:...:...:...t:..:...;h=-=at meets the requirements of the City's checklist and standard plan. the Building 8 ORD. NO. 0-C.S

10 ATTACHMENT 1 Department shall issue a non-discretionary permit within a timely manner of the filing of the application and payment of the permit fee..>..::(""')----=-f=o.:...r -=s=o=la::..:.r-'i"-'n=st~a~ll=ac.:.:.ti.=.o:..:.:ns~o::.:...n!...!.!h.!.!:is:.!.:to:::.!r.!.!ic~re:::.!s~o~u~rc~e:::.!s~a!.!.ne!::!d!_/ ~o~r...!b:!..!u:!.!i~ld!.!!in~g:es~o~f...!...h!..!iis~t~o~ric merit. as identified by the City, there shall be a review by the City Preservation Architect to ensure that the solar system will not compromise the historical integrity of said resource. 8..._('-J.)---'-'-If--'a=nc.:...;:a=p::..cp'"""li=c=at=io=n...:...:.f=o.:...r -=a::...:.s.:...:.m=a=ll---=-=re:::..::s=id=e:..:.n.:..:.ti=a"-l-=-r-=-oo=ft:...:.;o:..~p:...::s:::..::o::..:.:la:::.:r----=e.!.!n=e.:...o:rg1.1y----=s.j.;.ys~t:.:::e.!.!m~is 9 deemed incomplete. a written correction notice detailing all deficiencies in the 1 O application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission. (b) The Director may require an applicant to apply for a site plan review if the Director finds. based on substantial evidence. that the solar energy system could have a specific. adverse impact upon the public health and safety. The Director 1 shall issue such a decision in writing within a timely manner of an application 1 meeting the requirements of the City's checklist and standard plan. 18.~..:< c~).!.t.!.!h=e...:d~i re=c~t=o.:._r...:...m:..:.:a=-y~n=o~t-=d:::..::e"-'n~y-=a:::..:n..:...:::a::::p.c:p=lic:::..:a:::..:t.:..:io::..:...n=--f~o::.!..r...:t"-'h=e-'u:.:s:::..:e::...j::p-=e~rm..;..:..:.::it-'u:::.:n..:..:.l-=-es=s~th~e 0 1 Director makes written findings based upon 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 the specific. adverse impact..~..:< d~)_---!...:a"-'n~y-=c:::..::o::..:...n=d=it.:..:io::..:...n:...i"-'m...!lp:::..:o=s:::..::e=d:...o~n...:...:::a.!.!n-=a::.z:poj::p::.:..:li=ca=t= i o:::..:.n..:...=sh:..:.:a=l"-1 =b=e-=d:::..::e=s~ig:j.!.n=e=d=--t=o=--m:...:...:..:..:it~ig1.:a::..:.te::...:.:th~e specific. adverse impact upon health and safety at the lowest possible cost. 8 ORD. NO. 0-C.S

11 ATTACHMENT 1 (e) Approval of an application shall not be conditioned upon the approval of an association, as defined in Section 080 of the California Civil Code...., (f).j...-_..=..:..n.:..:..y'----=o::..!.n.:..::e~ln..:..:s~p::..::e::..::c:..:.:ti..::::o.!.!n_s~h~a~l!...l 01...!:::b:.!::e:...!..!re~q:e:u~ir~e~d~a!..!n~d---l:!:pe~rf~o!:!!r!..!..m!..!Ce~d::!...!b~yL...!:.t!..!Che~B~u~i~ld:!.!.!in~g Department for small residential rooftop solar energy systems eligible for expedited review. ~<9u)-~T.!.!h..::::e~in~s~p..::::e~ct~io~n~s~h~a~ll~be~d~o~n~e~in~a~t~im~e~l~y~m~a~n~n~e!...r~a~n~d~s~h~o~u~ld~in~c~lu~d~e 8 consolidated inspections. An inspection will be scheduled within a timely manner 9 of a request. 1 o...,(h..!j.)'-----!.!if--=a_...:::cs.:...:.m=a:..:..:ll---=...:re=s::..:.id=-e=-"n'-'-'t=ia=l_..:...::ro::..::o~ft:..:::o:.j::p~s..::::o.:..:la:..:..r_e~n'-'-'e=r...:::lgl..l-y---=syj.:;s::..:t..::::e.!.!m.!-.!f~a!.!.:i ls~i.!.!n~sp~e~c::..:t~io~n!..l., ~a subsequent inspection is authorized but need not conform to the requirements of this subdivision. SECTION : The adoption of this Ordinance is not a project within the meaning of the 1 California Environmental Quality Act in that it will not cause either a direct 1 physical change in the environment, or a reasonably foreseeable indirect 18 physical change in the environment, in that in alters only the manner in which a 0 1 small residential rooftop solar energy system is approved and/or is exempt pursuant to Title 1, California Code of Regulations, per section 10, new construction of an accessory structure to an existing residence. SECTION : If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. 8 8 ORD. NO. 0-C.S

12 ATTACHMENT I 1 The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION : The City Clerk shall certify to the passage and adoption of this Ordinance and 8 shall cause a certified copy of this Ordinance to be posted within fifteen (1) 9 days after this Ordinance is passed and adopted, in the Office of the City Clerk 1 o and two additional public places, together with the vote for and against the same THE FOREGOING ORDINANCE IS PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SAN GABRIEL THIS 1 r DAY OF SEPTEMBER, ATTEST: 1 ELEANOR K. ANDREWS, CITY CLERK CITY OF SAN GABRIEL JASON PU, MAYOR CITY OF SAN GABRIEL 8 9 ORD. NO. 0-C.S

13 ATIACHMENT San Gabriel l l'y Wl'l'lt Ml SION Residential Photovoltaic Power Systems Permit Issuance Checklist This form conforms to section Assembly Bill188 Note: All required Building & Safety submittal information must be submitted for plan check to be completed. APPLICANT completes this box. Address: APN: Zone: Lot Size: S.F. Average Slope: % Technology, circle one: Building Integrated Roof-Mounted Panel Ground-Mounted Panel System size and power: Number of panels: Total square feet: sq.ft. kw (if electric) If Ground-Mounted: Max. height of system (i.e. distance from top of panel to natural or finished grade): If Roof-Mounted: Max. height above roof, (max.distance from top of roof to top of panel): If framing is over eight inches (8") off roof or ground, is it screened? (circle one) Yes No N/A Panel directional orientation, circle one: West Southwest South Southeast East System visibility from nearby public streets, parks, beaches or trails, circle one: Not visible, Low, Medium, or High COUNTER PLANNER completes the remaining form. 1. Zoning DYes ONo a. Does the proposed project meet the zoning requirements? ON/A DYes ONo b. If ground-mounted: Does the project comply with setbacks and lot coverage requirements? ON/A DYes DNo c. If in a residential zone: Will the proposed system produce less than 10 kw? This should be indicated on the plans. If"no", route plans to building for a determination of whether the proposed system constitutes a commercial use. ON/A DYes DNo d. If roof-mounted: Are the panels proposed on a permitted structure? Verify. If "no" to any of the above, can the project be modified to better address these issues? Additional submittal requirements may be requested. ON/A DYes DNo If"yes," skip to No. below.. Is the project affiliated with a historic resource? Additional submittal requirements may be requested. DYes DNo. Design a. Is there an open/pending project for the property? If "yes," include in the Planning Case number and add comments that "Design Review is required and that this proposal shall be incorporated into the active case." *Note: The Planner will provide an opinion as to whether Design Review is required. The Building Official would make the final decision in cases that may cause an adverse impact on public health or safety. Page 1 of

14 Building and Safetv requirements applicant complete the remaining form.. (Please check the correct answer for each question) 1. Applicant submitted () sets of plans minimum "x1", attach all manufacturer's specification sheets, installation instructions, and listings.. In submittal, provided electrical single-line diagram clearly identifying all devices installed in the PV system and indicating total kw rating of system.. Applicant acknowledges correct circuit sizing and current calculations based off01 California electrical Code Article 90.8 on plans from California state licensed electrical engineer or a California licensed contractor classification C- or C Applicant acknowledges photovoltaic source and output circuits have a maximum photovoltaic of up to 00 volts based off01 California electrical Code Article 90. on plans from California state licensed electrical engineer or a California licensed contractor classification C- or C Applicant acknowledges wet-stamped and signed submittal of structural calculations for wind uplift based of ASCE -10 from State license civil or structural engineer. All Structural Elements shall be identified on existing roof framing members on plans.. Applicant acknowledges rooftop mounted photovoltaic systems shall be tested, listed and identified with a fire classification in accordance with UL 10. The fire classification shall comply with Table 10.1 of the California Building Code based on the type of construction of the building Effective January 1, 01.. Applicant acknowledges installation of the photovoltaic system shall be in compliance based off01 California electrical Code Article Applicant acknowledges installation of the interconnected electric power production source shall be in compliance based off01 California electrical Code Article Applicant plans are to be signed by a California licensed contractor classification C- or C-1 0. Provide signature and license number on each sheets. Contractor who signs the document must be the one doing the work, Business and Professions Code Section Applicant acknowledges that the photovoltaic system may only be installed on a permitted structure.. Applicant acknowledges that the photovoltaic system meets the "California Solar Permitting Guidebook". 1. Proposed project meets state fire marshal set-backs for roof mounted photovoltaic system requirements and code section R908 CRC 0 1. Page of

15 ''Assembly Bill 188 applies only to residential rooftop solar energy systems that are no larger than 10 kilowatts or 0 kilowatts thermal. Signature of Applicant: Page of