HomeMy WebLinkAbout2015-09-15; City Council; 22079; Adding Chapter 18.25 Residential Rooftop Solar EnergyCITY OF CARLSBAD - AGENDA BILL
22,079 AB#
MTG. 9/15/1^
DEPT. CED
INTRODUCE ORDINANCE ADDING CHAPTER
18.25 TO THE CARLSBAD MUNICIPAL CODE
RELATING TO EXPEDITED PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP
SOLAR ENERGY SYSTEMS
DEPT. DIRECTOR
CITYATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce Ordinance No. CS-285 , approving a Municipal Code Amendment (MCA 14-03), to add and enact
Chapter 18.25 - Small Residential Rooftop Solar Energy Systems of the Carlsbad Municipal Code to provide an
expedited, streamlined permitting process for small residential rooftop solar energy systems.
ITEM EXPLANATION:
This project consists of an amendment to Title 18 ofthe city's Municipal Code by adding a new chapter (18.25)
regarding streamlining the permitting process for small residential rooftop solar energy systems. The purpose
of the project is to implement California Assembly Bill 2188 (Muratsuchi).
The state legislature made procedural changes to the solar energy regulations requiring that discretionary
permits not be required for a solar energy system and that an expedited, streamlined process for permits for
small rooftop solar energy systems be implemented. The expedited, streamlined process requires a quick
turn-around for permit approval, in most cases prohibits any permit conditions and requires timely
inspections. The approval of this item would update the city's Municipal Code to be consistent with the new
procedural changes in state law and the process as recommended in the California Solar Permitting
Guidebook. The proposed amendment augments the existing process already in place at the city to expedite
processing solar energy system permits and is consistent with the city's existing building, electrical, plumbing
and mechanical codes.
The draft ordinance was developed working closely with the city's building official, who also serves as
chairperson of the green building committee of the San Diego Chapter of the International Code Council. Staff
also reviewed ordinances adopted by other jurisdictions and model ordinances to develop this ordinance for
the city.
FISCAL IMPACT:
There is no anticipated fiscal impact from this item,
accounted for in the Building Division budget.
Staff time to process solar energy permits is already
DEPARTMENT CONTACT: Carl Stiehl 760-602-4605 carl.stiehl@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Solar Energy Amendment
September 22,2015
Page 2 of 2
ENVIRONMENTAL IMPAa:
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3),
which exempts projects "where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment." The changes proposed by this project are
procedural in nature, are not substantial and will not significantly affect the existing development standards
in the Municipal Code; therefore, the project will not result in a significant effect on the environment. A Notice
of Exemption will be filed.
EXHIBIT:
1. City Council Ordinance No. CS-285 (MCA 14-03)
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EXHIBIT 1
1 ORDINANCE NO. CS-285
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF CARLSBAD,
CALIFORNIA, TO ADD AND ENACT CARLSBAD MUNICIPAL CODE
3 CHAPTER 18.25 - SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS, TO PROVIDE AN EXPEDITED, STREAMLINED 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 ofthe City of Carisbad seeks to implement AB 2188
(Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting
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process for small residential rooftop solar energy systems; and
J J WHEREAS, the City Council seeks to advance the community vision core value on
12 sustainabiiity by encouraging the use of solar energy systems; and
13 WHEREAS, solar energy creates local jobs and economic opportunity; and
WHEREAS, it is in the interest of the health, welfare and safety of the people of
Carlsbad to provide an expedited permitting process to assure the effective deployment of solar
technology; and
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lg WHEREAS, section 55850.5(a) of the California Government Code provides that it
19 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
WHEREAS, section 65850.5(g)(1) ofthe California Government Code provides that
every city, county, or city and county shali adopt an ordinance, consistent with the goals and
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25 intent of section 55850.5(a), that creates an expedited, streamlined permitting process for small
26 residential rooftop solar energy systems.
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THEREFORE, the City Council of the City of Carlsbad, California, does ordain as 3
1 follows that:
^ SECTION I: The above recitations are true and correct,
SECTION 11: Chapter 18.25 - Small Residential Rooftop Solar Energy Systems to the
Carlsbad Municipal Code is added and enacted to read as follows:
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Chapter 18.25
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
18.25.010 Purpose.
9 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
expanding the ability of property owners to install solar energy systems while protecting public
health and safety.
18.25.020 Definitions.
A. "Electronic submittal" in this chapter means the utilization of one or more of
20 either email, the internet, or facsimile.
21 B. "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
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
performance, or that allow for an alternative system of comparable cost, efficiency, and energy
conservation benefits.
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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:
1. For a Water Heater System or a Solar Swimming Pool Heating System: an
3 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.
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E. "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;
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and
3. Is installed on a single or two family dwelling; and
13 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
lg 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.
A. This chapter applies to the permitting of all small residential rooftop solar energy
systems in the city.
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
2^ such a way as to require new permitting. Routine maintenance or in-kind replacement of
permitted parts for a small residential rooftop solar energy system shal! not require a permit.
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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. 3
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B. A small residential rooftop solar energy system for heating water in a single-family
residence or for heating water in commercial or swimming pool applications shall be certified by
an accredited listing agency as defined bythe California Plumbing and Mechanical Code.
C. A small residential rooftop solar energy system shall meet applicable safety and
performance standards established by the California Electrical Code, the Institute of Electrical
and Electronics Engineers, accredited testing laboratories such as Underwriters Laboratories and,
where appiicable, rules of the Public Utilities Commission regarding safety and reliability.
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.
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.
15 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 ofthe eligibility checklist, the
^ building official shall administratively approve the application and issue all required permits or
authorizations. Such approvai 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
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
use permit is required, the building official may deny an application for the 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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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.
Only one inspection shall be required and performed for small residential rooftop solar
1'' 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 authorized but need not conform to the requirements ofthis chapter.
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
a newspaper of general circulation in the CityofCarlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the
day of , 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 day of.
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_, 2015, bythe following vote, to wit:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGELSON, City Clerk
AFFIDAVIT OF MAILING
NOTICE OF PUBUC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: ^ASAS
SUBJECT: SoicU/- ^^^U J^m^dw\^i{]C^
LOCATION: ISKQQ Chr-jsho^ Wi((ach>^ AnV^
DATE NOTICES MAILED TO PROPERTY OWNERS.- ^/^flS
NUMBER MAILED:
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Signature) {Date) "
SENT TO FOR PUBLICATION VIA E-MAIL TO: \0^nion Tribune
I I Coast News
PUBLICATION DATE: Union Tribune,
Coast News
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is tme and
correct.
Date: ^A/(S r^L^nOLyCl^
^ (Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerl<
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
on the fuiiovving dates, to-wit:
Proof of Publication of
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City mo"r'iH,h^H«M^ of Carlsbad will hold a public hearing at the Council Chamber
? ?m / C^^lsbad, California, at 6:00 p.m. on Tuesday, Septembe
15 2015, to consider approving a Municipal Code Amendment (MCA 14-03), to add
r^ir^H M '"'^', ~ Rooftop Solar Energy System ofthe
Carlsbad Municipa Code to provide an expedited, streamlined permitting process
for small residential rooftop solar energy systems. K'"<-">
Those persons wishing to speak on this proposal are cordially invited to attend the
f, r "3- °' ^9enda bill will be available on and after September
Sinn ^, <7fin/An"-, /AHV"^ questions, please contact Carl Stiehl in the Planning Divi-sion at (760) 602-4605 or carl.stlehl@carlsbadca.gov.
Ifyou challenge the Municipal Code Amendment in court, you may be limited to rais-
ing only those issues you or someone else raised at the public hearing described in
^ °"" correspondence delivered to the City of Carlsbad, Attn- Citv
Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the pub-llc hearing. ^
CASE FILE: MCA 14-03
CITY OF CARLSBAD CITY COUNCIL CASE NAME: SOLAR ENERGY AMENDMENT
Pub: 9/05/15
September 05*^ 2015
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 08*^ of September 2015
Jane Allshouse
The San Diego Union Tribune
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