TOWN OF WOODSIDE. The Town Council introduced the attached draft ordinance at its regular meeting on July 28, 2015.

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1 TOWN OF WOODSIDE Report to Town Council Agenda Item_6_ From: Paul T. Nagengast, Deputy Town Manager September 8, 2015 Approved by: Kevin Bryant, Town Manager SUBJECT: ADOPTION OF STATE MANDATED LOCAL ORDINANCE - AMEND WOODSIDE MUNICIPAL CODE CHAPTER 150 TO PROVIDE A STEAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS RECOMMENDATION It is recommended that the Town Council adopt the attached draft ordinance amending Chapter 150 Woodside Municipal Code establishing a streamlined permit approval and inspection process for eligible residential rooftop solar energy systems pursuant to State law requirements. DISCUSSION The Town Council introduced the attached draft ordinance at its regular meeting on July 28, CONCLUSION Adoption of the attached draft ordinance will ensure the Town complies with State mandated provisions in AB ATTACHMENTS: 1. Draft Ordinance Town Council Agenda Report, July 28, 2015 (without attachments) Town Council Meeting September 8, 2015 Page 1

2 ORDINANCE NO AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WOODSIDE AMENDING CHAPTER 150, BUILDING REGULATIONS, OF THE MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS Section 1. Background WHEREAS, the Town of Woodside seeks to implement AB 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and WHEREAS, the Town of Woodside wishes to advance the use of solar energy by all of its citizens, businesses, and industries; and WHEREAS, solar energy creates local jobs and economic opportunity; and WHEREAS, the Town of Woodside recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare, and safety of the people of the Town of Woodside to provide an expedited permitting process to assure the effective deployment of solar technology. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF WOODSIDE DOES ORDAIN AS FOLLOWS: Section 2. The Town of Woodside Municipal Code Chapter 150 is amended by the addition of the following Sections: STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS Purpose. The purpose of the Ordinance 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. The Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the Town of Woodside, and expanding the ability of property owners to install solar energy systems. The Ordinance allows the Town of Woodside to achieve these goals while protecting the public health and safety Definitions. (A) Solar Energy System means either of the following: (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. 1

3 (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. (B) 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 Town of Woodside, and all state and Town of Woodside municipal codes. (3) A solar energy system that is installed on a single-family or duplex family dwelling. (4) A solar panel or module array that does not exceed the maximum legal building height as defined by the Town of Woodside. (C) Electronic submittal means the utilization of one or more of the following: 1) ; 2) The Internet. (D) Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (E) Common interest development means any of the following: (1) A community apartment project; or (2) A condominium project; or (3) A planned development; or (4) A stock cooperative (F) 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. (G) 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. (H) 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 not exceeding 10 percent of the cost of the system, and 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. 2

4 (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 as originally specified and proposed Applicability. This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the Town of Woodside. 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 system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit Solar energy system requirements. (A) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the Town of Woodside and the Woodside Fire Protection District. (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 Code and California 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 Submittal requirements. (A) All documents required for the submission of an expedited solar energy system application shall be made available on the Town of Woodside website. (B) Electronic submittal of the required permit application and associated documents for small, residential rooftop solar energy system permits shall be made by or the internet. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours. (C) An applicant s electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature. (D) The Town of Woodside shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. (E) The small residential rooftop solar system permit process, standard plans, and the checklist 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. (F) All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section , Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section

5 Plan review, permit, and inspection requirements. (A) The Building Division shall process, review, and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property. (B) 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. (C) If an application for the installation of a solar system is not denied in writing within 45 days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information. (D) The Town of Woodside Planning Division may require an applicant to apply for a use permit if the Planning Division 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 Town of Woodside Planning Commission. (E) Review of the permit application shall be limited to the Building Division s review of whether the application meets local, state, and federal health and safety requirements. 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 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 Town of Woodside Planning Commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. (F) 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 Town of Woodside on another similarly situated application in a prior successful application for a permit. The Town of Woodside 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. (G) The Town of Woodside shall not provide conditional approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code. (H) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if is found that the installation does not conform to the approved plans and/or comply with the current California Building Code requirements then additional, follow-up inspection(s) shall be required. (I) If a small residential rooftop solar energy system fails inspection, a subsequent inspection shall be required but need not conform to the requirements of the Streamlined Permitting Process for Small Residential Rooftop Solar Systems Ordinance. 4

6 (J) If a small residential rooftop solar energy system fails inspection two (2) times, a reinspection fee will be charged in accordance with the applicable fee indicated on the Town s Schedule of Fees and Charges. (K) A separate fire inspection is required and will be performed by the Woodside Fire Protection District. (L) The inspection shall be done within three business days and may include consolidated inspections. Section 3. In the event that any provision of this ordinance is in conflict with any other ordinances of the Town of Woodside or the Woodside Municipal Code, the provisions of this ordinance shall prevail. Section 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of the Ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. Pursuant to Section of the Government Code of the State of California, the Ordinance shall take effect and be in full force and effect thirty (30) days after its final passage. Section 6. The Town Clerk shall cause this Ordinance to be published in accordance with the requirements of Section of the Government Code of the State of California. * * * * * * I, the undersigned, hereby certify that the foregoing Ordinance is a full, true and correct copy of Ordinance No of the Town of Woodside entitled as above; that it was introduced on the 28 th of July, 2015, and was passed and adopted by the Town Council on the 8 th of September, 2015, by the following vote: AYES, NOES, ABSENT, ABSTAIN, Councilmembers: Councilmembers: Councilmembers: Councilmembers: APPROVED: Clerk of the Town of Woodside Mayor of the Town of Woodside 5

7 TOWN OF WOODSIDE Report to Town Council Agenda Item_4_ From: Paul T. Nagengast, Deputy Town Manager July 28, 2015 Approved by: Kevin Bryant, Town Manager SUBJECT: INTRODUCTION OF STATE MANDATED LOCAL ORDINANCE - AMEND WOODSIDE MUNICIPAL CODE CHAPTER 150 TO PROVIDE A STEAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS RECOMMENDATION It is recommended that the Town Council introduce an ordinance amending Chapter 150 of the Woodside Municipal Code, establishing a streamlined permit approval and inspection process for eligible residential rooftop solar energy systems pursuant to State law requirements. DISCUSSION The California Solar Rights Act (Govt. Code ) was passed under AB2188 (signed by Governor Brown on September 21, 2014) to promote and encourage the use of solar energy systems and limit obstacles to their use. The legislation specified that no reimbursement will be made to local agencies for costs mandated by the State of California. The legislation requires local jurisdictions to adopt a streamlined permit approval and inspection process for eligible residential rooftop solar systems by September 30, The draft ordinance proposes amending Woodside Municipal Code by adding , Streamlined Permitting Process for Small Residential Rooftop Solar Systems. This ordinance establishes a streamlined permit approval and inspection process for eligible residential rooftop solar energy systems pursuant to State law requirements. The Building Division, in consultation with the Engineering Division, Planning Department, Town Attorney and the Woodside Fire Protection District has developed a check list of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. In addition, several brochures have been created for applicants to use to submit their projects in the Town of Woodside. Key features of the Solar Streamlining process include: Standardized application and inspection checklists. Standardized electrical details and structural criteria. A maximum 45 day Town application review process for an eligible application. One onsite inspection after the system is installed to confirm Town Council Meeting July 28, 2015 Page 1

8 compliance with all applicable health and safety codes. While the streamlining policy requires the Town to prioritize review and inspection of eligible solar systems, it does not exempt eligible solar energy systems from complying with health and safety code requirements. Additionally, the streamlining policy does not exempt solar energy systems from compliance with the zoning regulations of Chapter 153 of the Woodside Municipal Code, including setbacks and building height. CONCLUSION Introduction of the attached draft ordinance will ensure that the Town complies with the provisions of AB2188. ATTACHMENTS: 1. Draft Ordinance 2. Brochure Checklists Town Council Meeting July 28, 2015 Page 2