HomeMy WebLinkAbout2015-09-22; City Council; CS-285; Add and Enact Carlsbad MC Chapter 18.25 Small Residential Rooftop Solar Energy Systems Expedited Streamling Permitting ProcessEXHIBIT 1
1 ORDINANCE NO. CS-285
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2 AN ORDINANCE QF THE CITY CQUNCIL QF THE CITY QF CARLSBAD,
CAUFORNIA, TQ ADD AND ENACT CARLSBAD MUNICIPAL CODE
CHAPTER 18.25 - SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
4 SYSTEMS, TQ PROVIDE AN EXPEDITED, STREAMUNED PERMITTING
PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
5 SYSTEMS.
CASE NAME: SOLAR ENERGY AMENDMENT
6 CASE NO.: MCA 14-03
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WHEREAS, the City Council of the City of CaHsbad 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
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11 WHEREAS, the City Council seeks to advance the community vision core value on
12 sustainabiiity by encouraging the use of solar energy systems; and
WHEREAS, solar energy creates local jobs and economic opportunity; and
WHEREAS, it is in the interest ofthe health, welfare and safety ofthe people of
Carlsbad to provide an expedited permitting process to assure the effective deployment of solar
technology; and
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18 WHEREAS, section 65850.5(a) ofthe California Government Code provides that it
19 is the policy of the state to promote and encourage the installation and use of solar energy
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24 every city, county, or city and county shall adopt an ordinance, consistent with the goals and
25 intent of section 65850.5(a), that creates an expedited, streamlined permitting process for small
26 residential rooftop solar energy systems
systems by limiting obstacles to their use and by minimizing the permitting costs of such systems;
and
WHEREAS, section 65850.5(g)(1) ofthe California Government Code provides that
THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
1 follows that:
SECTION I: The above recitations are true and correct.
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SECTION II: Chapter 18.25 - Small Residential Rooftop Solar Energy Systems to the
Carlsbad Municipal Code is added and enacted to read as follows:
Chapter 18,25
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
18,25.010 Purpose,
g 18.25.020 Definitions.
18.25.030 Applicability.
10 18.25.040 Small residential rooftop solar energy system requirements,
18.25.050 Applications and documents.
18.25.060 Permit review.
12 18.25,070 Inspection requirements,
13 18.25.010 Purpose.
14 The purpose of this chapter is to provide an expedited, streamlined solar permitting
process that complies with the Solar Rights Act and AB 2188 (2014) amendments to California
15 Government Code Section 65850.5 to achieve timely and cost-effective installations of small
residential rooftop solar energy systems with reasonable restrictions. The use of solar systems
is encouraged by streamlining processes, minimizing costs to property owners and the city, and
YJ expanding the ability of property owners to install solar energy systems while protecting public
health and safety.
18,25.020 Definitions,
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A. "Electronic submittal" in this chapter means the utilization of one or more of
20 either email, the internet, or facsimile.
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B. "Feasible method to satisfactorily mitigate or avoid the specific, adverse impact"
22 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
23 city shall use its best efforts to ensure that the selected method, condition, or mitigation meets
the definition of Section 18.25.020 (D) (1) and (2).
C. "Reasonable restrictions" on a solar energy system are those restrictions that do
not significantly increase the cost ofthe system or significantly decrease its efficiency or specified
2g performance, or that allow for an alternative system of comparable cost, efficiency, and energy
conservation benefits.
1 D. "Restrictions that do not significantly increase the cost of the system or
significantly decrease its efficiency or specified performance" in this chapter means:
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1. For a Water Heater System or a Solar Swimming Pool Heating System: an
amount exceeding 10 percent ofthe cost ofthe system, but in no case more than one thousand
dollars ($1,000), or decreasing the efficiency ofthe solar energy system by an amount exceeding
10 percent, as originally specified and proposed.
2. For a Photovoltaic System: an amount not to exceed one thousand dollars
6 ($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.
"Small residential rooftop solar energy system" is a solar energy system that:
1. Is no larger than 10 kilowatts alternating current nameplate rating or 30
9 kilowatts thermal; and
10 2. Conforms to all applicable building, electrical, plumbing, mechanical, or
fire codes as adopted or amended bythe city, and all state and city health and safety standards;
and
3. Is installed on a single or two family dwelling; and
4. The solar panel or module array does not exceed the maximum building
height as defined by the city.
F. "Solar energy system" means either:
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
17 cooling, electric generation, or water heating; or
18 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,
19 space heating or cooling, or for water heating.
20 G. "Specific, adverse impact" in this chapter 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
22 complete.
23 18.25,030 Applicability.
24 A. This chapter applies to the permitting of all small residential rooftop solar energy
systems in the city.
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B. A small residential rooftop solar energy system permitted prior to the effective
26 date of this section is not subject to these requirements unless physical modifications or
alterations are undertaken that materially change the size, type, or components of a system in
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such a way as to require new permitting. Routine maintenance or in-kind replacement of
2g permitted parts for a small residential rooftop solar energy system shall not require a permit.
1 18.25.040 Small residential rooftop solar energy system requirements.
2 A. A small residential rooftop solar energy system shall meet applicable building,
electrical, plumbing, mechanical, or fire codes as adopted or amended by the city, and all state
and city health and safety standards.
B. A small residential rooftop solar energy system for heating water in a single-family
5 residence or 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.
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C. A small residential rooftop solar energy system shall meet applicable safety and
7 performance standards established by the California Electrical Code, the Institute of Electrical
and Electronics Engineers, accredited testing laboratories such as Underwriters Laboratories and,
where applicable, rules ofthe Public Utilities Commission regarding safety and reliability. 8
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18.25.050 Applications and documents.
A. The building official shall develop and maintain an eligibility checklist of all
11 requirements with which small residential rooftop solar energy systems shall comply to be
eligible for expedited review.
13 B. All documents required for the submission of an expedited small residential
rooftop solar energy system application shall be made available on the city's website.
C. Electronic submittal ofthe required permit application and documents shall be
15 made available to all small residential rooftop solar energy system permit applicants.
16 D. The small residential rooftop solar energy system permit application and
associated documentation may be submitted to the building division in person, by mail, or by
electronic submittal. In the case of electronic submittal, the electronic signature ofthe applicant
on all forms, applications and other documentation may be used in lieu of a wet signature.
E. The small residential rooftop solar energy system permit process and eligibility
checklist shall substantially conform to recommendations for expedited permitting contained in
20 the most current version ofthe California Solar Permitting Guidebook adopted bythe Governor's
Office of Planning and Research.
18.25,060 Permit review.
A. The building official shall implement an expedited, administrative,
nondiscretionary review process with reasonable restrictions for small residential rooftop solar
24 energy systems. The building official's review of an application shall be limited to the
requirements set forth in Section 18.25.040. If an application is deemed incomplete, a written
25 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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1 B. Upon confirmation by the building official of the application and supporting
documentation being complete and meeting the requirements of the eligibility checklist, 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 energy provider's electricity grid. The applicant is responsible
4 for obtaining such approval or permission from the local utility provider.
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5 C. The building official may require an applicant to apply for a minor conditional use
permit in accordance with Carlsbad Municipal Code Chapters 21.42 and 21.54, if a finding is
made, based on substantial evidence, that the solar energy system could have a specific, adverse
1 impact upon the public health and safety. Such decisions may be appealed to the Planning
Commission in accordance with Carlsbad Municipal Code Chapter 21.54. If a minor conditional
8 use permit is required, the building official may deny an application forthe minor conditional use
permit if a finding is made, based upon substantial evidence in the record, that the proposed
9 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. The basis for the
rejection of potential feasible alternatives of preventing the specific, adverse impact shall be
11 included in the finding. The decision to deny may also be appealed to the Planning Commission
in accordance with Carlsbad Municipal Code Chapter 21.54. For purposes of carrying out the
12 requirements in this section, "building official" shall be used interchangeably with "city planner"
in Carlsbad Municipal Code Chapters 21.42 and 21.54.
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Only one inspection shall be required and performed for small residential rooftop solar
17 energy systems eligible for expedited review. The inspection shall be done in a timely manner
and should include consolidated inspections. A separate fire inspection may be performed if
necessary. If a small residential rooftop solar energy system fails inspection, a subsequent
19 inspection is authonzed but need not conform to the requirements ofthis chapter.
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D. Any condition imposed on an application for a system shall be designed to mitigate
a specific, adverse impact upon health and safety at the lowest possible cost.
18,25,070 Inspection requirements.
20 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
21 city clerk shall certify the adoption of this ordinance and cause it to be published at least once in
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a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe CaHsbad City Council on the
day of J 2015, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 22nddav of September , 2015, by the following vote, to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packar{|l
NOES:
ABSENT:
APPROVED AS TQ FQRM AND LEGALITY:
(I
CEUA A. BREWfRTcity Attorney
MATT HALL, Mayor
ATTEST:
""^,„*„A
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CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NO. CS-285
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is published
and a certified copy of the full text is posted in the Office of the City Clerk at least five
days prior to the Council Meeting at which the Ordinance is adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the Ordinance,
and a certified copy of the Ordinance be posted in the Office of the City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government Code, I do
hereby certify as follows:
1.) That the adoption of Ordinance No. CS- 285 is to be considered at the
City Council Meeting to be held on the 22nd day of September, 2015.
2.) That a certified copy of the full text of Ordinance No. CS-285 was posted in
the City Clerk's Office on the 17th day of September, 2015.
3.) That a summary of the Ordinance was published in the Union
Tribune, on the 17th day of September, 2015.
Faviola Medi a, Deputy City Clerk
Dated: September 17, 2015
(Seal)
Certification of Posting and Publication of Ordinance No. CS-285
Page 2
4.) That Ordinance No. CS-285 was adopted on the 22nd day of September,
2015
5.) That a certified copy of the full text of Ordinance No. CS-285, showing the
names of those who voted in favor and against the Ordinance was posted
in the City Clerk's Office on the 23rd day of September, 2015.
6.) That a summary of the Ordinance, showing the names of those who
voted in favor of and against the Ordinance was published in the
Union Tribune, on the 26th day of September, 2015.
Faviola M a, Deputy City Clerk
Dated: September 23, 2015
(Seal)