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HomeMy WebLinkAboutOrd. 1504-2015 ORDINANCE NO. 1504-2015 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADDING CHAPTER 15.62 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO COMPLY WITH AB 2188 REGARDING STREAMLINING THE SOLAR ENERGY SYSTEM PERMITTING PROCESS WHEREAS, AB 2188, also known as the Expedited Solar Permitting Act, was signed into law on September 21, 2014 and is codified as California Government Code Section 65850.5; and WHEREAS, California Government Code Section 65850.5 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 cost of such systems; and WHEREAS,California Government Code Section 65850.5(g)(1)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; and WHEREAS,City Staff recommends the City introduce and adopt this Ordinance to comply with AB 2188. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby adds Chapter 15.62 to Title 15 of the South San Francisco Municipal Code to read as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. Chapter 15.62 Solar Energy System Review Process 15.62.010 Title and authority. This Chapter is and may be cited as the"The Solar Energy System Review Process."The chapter is enacted pursuant to Assembly Bill AB 2188 (Government Code section 65805.5 et seq.) 15.62.020 Purpose. The purpose of this Chapter is to encourage the use of solar energy systems and comply with the Solar Rights Act by reducing local discretion in permitting for solar energy systems and creating an expedited, streamlined solar permitting process for small residential rooftop solar energy systems. This Chapter allows the City to achieve these goals while protecting the public health and safety. 1 15.62.030 Applicability. The applicability of this Chapter is limited to the permitting of solar energy systems and small residential rooftop solar energy systems in the City. Solar energy systems legally established or permitted prior to the effective date of 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 shall not require a permit. 15.62.040 Definitions. The following words and phrases as used in this chapter are defined as follows: a) "Electronic submittal" means the utilization of one or more of the following: 1. e-mail, 2. the internet, 3. facsimile. 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 City and paragraph (3) of subdivision(c)of Section 714 of the Civil Code,as such section or subdivision may be amended, renumbered, or re-designated from time to time; 3. A solar energy system that is installed on a single or duplex family dwelling; and 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. c) "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 maybe amended, renumbered, or re-designated from time to time. 15.62.050 Solar Energy System Requirements. a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the City, and local fire districts. 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 Electronic Engineers,and accredited testing laboratories such as Underwriters Laboratories and,where applicable,rules of the Public Utilities Commission regarding safety and reliability. 2 15.62.060 Ministerial Permitting of Solar Energy Systems The City shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar ministerial permit. Review of the application to install a solar energy system shall be limited to the Chief Building Official of the City of South San Francisco or his/her designee's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific,adverse impact upon the public health or safety. However, if the building official,based on substantial evidence, that the solar energy system could have a specific,adverse impact upon the public health and safety, the city may require the applicant to apply for a use permit. 15.62.070 Expedited Permitting Process for Small Residential Solar Energy Systems&Online Access. The Chief Building Official of the City of South San Francisco or his/her designee shall develop an expedited permitting process for Small Residential Rooftop Solar Energy Systems. Furthermore,the building official shall adopt a checklist of all requirements with which Small Residential Rooftop Solar Energy Systems shall comply to be eligible for the expedited permitting process.The process and checklist for expedited approval of Small Residential Rooftop Solar Energy Systems shall substantially conform to the California Solar Permitting Guidebook adopted by the Government's Office of Planning and Research,and the checklist and all necessary permitting documentation shall be available on the City's internet website. a) Prior to submitting an application, the applicant shall, at his or her own cost: 1. Verify 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. Verify through the use of 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) The applicant may submit the permit application and associated documentation to the City's Building Department by personal,mailed,or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms,applications and other documentation may be used in lieu of a wet signature. 15.62.080 Expedited Permit Application Review & Approval. a) An application for expedited permitting that satisfies the information requirements in the expedited permitting checklist, as determined by the Chief Building Official or his/her 3 designee,shall be deemed complete. The building official will respond to the application,in writing, as follows: 1. Upon receipt of a complete application, 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. 2. Upon receipt of an incomplete application, the building official shall deny the application and issue a correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. b) Regardless of the completeness of the application, the building official may withhold issuance if there is a violation on record for the structure under review. c) If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. d) The City shall not withhold issuance based on the approval of an association, as defined in Section 4080 of the Civil Code. 15.62.090 Inspection for Expedited Review. 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. If a Small Residential Rooftop Solar Energy System fails inspection, a subsequent inspection is authorized. 15.62.100 Appeals. The decision of the Chief Building Official of the City of South San Francisco or his/her designee pursuant to Sections 15.62.060 and 15.62.080 may be appealed to the planning commission of the city. 15.62.110 Fees. All fees prescribed for the permitting of Small Residential Rooftop Solar Energy Systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016 and State Health and Safety Code Section 17951. SECTION 2. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end,provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, 4 subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney. At least five(5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall(1)publish the Summary,and(2)post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. * * * Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 22nd day of July, 2015. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 26th day of August, 2015 by the following vote: AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATT . 111t✓_ / 'sta lli, ' ity Clerk As Mayor of the City of South San Francisco,I do hereby approve the foregoing Ordinance this 26th day of August, 2015. ■L/.. / v. �. Richar• A. Garbarino, Mayor 5