HomeMy WebLinkAboutO-1612 Residential Rooftop Solar and Rainwater Catchment SystemsORDINANCE NO. 1612 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL
CODE BY ADDING CHAPTER 15.14 TO PROVIDE AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS; AMENDING TITLE 15 OF THE
MUNICIPAL CODE BY AMENDING CHAPTER 15.04 TO EXEMPT
CERTAIN RAINWATER CATCHMENT SYSTEMS FROM PERMITS
WHEREAS, the City Council of the City of San Luis Obispo recognizes the importance
of "green technology" and by this Ordinance, seeks to (1) implement Assembly Bill 2188 (by
creating an expedited, streamlined permitting process for small residential rooftop solar energy
systems; and (2) promote water conservation by exempting certain rainwater catchment systems
from building permit requirements.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project
involves updates and revisions to existing regulations. The proposed code amendments are
consistent with California Law, specifically Government Code section 65850.5 and Civil Code
section 714. It can be seen with certainty that the proposed Municipal Code text amendments
will have no significant negative effect on the environment.
SECTION 2. Chapter 15.14, of the City of San Luis Obispo's Municipal Code,
establishing an expedited, streamlined permitting process for Small Residential Rooftop Solar
Systems, is hereby added to read as follows:
Chapter 15.14 EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP
SOLAR SYSTEMS
15.14.010 — Purpose and Intent.
The purpose of the chapter is to provide an expedited, streamlined solar permitting
process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014,
CA Govt Code Section 65850.5) in order to achieve timely and cost - effective installations of
small residential rooftop solar energy systems. This chapter encourages the use of solar
systems by removing unreasonable barriers, minimizing costs to 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.
15.14.020 — Definitions
As used in this chapter:
01612
Ordinance No. 1612 (2015 Series)
Page 2
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.
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 City, and all
state and City health and safety standards.
3. A solar energy system that is installed on a single or two family dwelling.
4. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
C. "Electronic submittal" means the utilization of electronic e -mail or submittal via the
internet.
D. "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.
E. "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.
F. "Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
For Water Heater Systems or Solar Swimming Pool Heating Systems: an
amount exceeding 10 percent of the cost of the system, but 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. 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.
15.14.030-Applicability
Ordinance No. 1612 (2015 Series)
Page 3
A. This chapter applies to the permitting of all small residential rooftop solar energy
systems in the city.
B. Small residential rooftop solar energy systems legally established or permitted prior
to the effective date of the ordinance codified in 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 or like -kind replacements shall not require a permit.
C. A use permit and /or architectural review may be required for properties on the City's
list of historic resources as deemed necessary by the Community Development
Director.
15.14.040 -Solar Energy System Requirements
A. All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the state and the City.
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 Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
15.14.050- Applications and Documents
A. All documents required for the submission of an expedited solar energy system
application shall be made available on the City website.
B. Electronic submittal of the required permit application and documents by email, or
the Internet shall be made available to all small residential rooftop solar energy
system permit applicants.
C. The city's Building and Safety Division shall adopt a standard plan and checklist of
all requirements with which small residential rooftop solar energy systems shall
comply to be eligible for expedited review.
D. The small residential rooftop solar system permit process, standard plan(s), and
checklist(s) shall substantially conform to recommendations for expedited permitting,
including the checklist and standard plans contained in the most current version of the
Ordinance No. 1612 (2015 Series)
Page 4
California Solar Permitting Guidebook adopted by the Governor's Office of Planning
and Research.
15.14.060- Permit Review and Inspection Requirements
A. The Community Development Director shall implement an administrative,
nondiscretionary review process to expedite approval of small residential rooftop
solar energy systems. The Building and Safety Division shall issue a building
permit, the issuance of which is nondiscretionary, on the same day for over -the-
counter applications or within 1 -3 business days for electronic applications upon
receipt of a complete application that meets the requirements of the approved
checklist and standard plan. The Chief Building Official may require an applicant to
apply for an Administrative Use Permit if the official 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 the city Planning
Commission.
B. Review of the application shall be limited to the Chief Building Official's review of
whether the application meets local, State, and Federal health and safety
requirements.
C. If an Administrative Use Permit is required, the city may deny such application if it
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 city Planning Commission.
D. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
E. "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 City on another similarly situated application in a prior successful
application for a permit. The City 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.
F. 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.
Ordinance No. 1612 (2015 Series)
Page 5
G. Only one inspection shall be required and performed by the Building and Safety
Division for small residential rooftop solar energy systems eligible for expedited
review.
H. The inspection shall be done in a timely manner and should include consolidated
inspections.
I. If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized.
SECTION 3. Section 15.04.020 D is amended to read as follows:
D. Amend Chapter 1, Division II, Section 105.2, Building items 2 and 5 to read as follows:
Work exempt from permit.
Building:
2. Fences not over 6 feet high.
5. A water tank or a group of water tanks intended for storage of irrigation water
only supported directly on grade if the capacity does not exceed 600 gallons in
total on a parcel, the height does not exceed seven feet, the ratio of height to width
does not exceed 2:1(provided that water tanks with minor ratio deviances may be
allowed under this section in the discretion of the Chief Building Official, subject
to review of the deviation by the Chief Building Official and verification that such
minor deviations do not adversely impact structural stability), and it is not visible
from the public right -of -way that abuts the front yard.
SECTION 4. Section 15.04.060 E is added to read as follows:
E. Amend Section 1702.2.1 of the CA Plumbing Code to Read as Follows:
1702.2.1 Permit. It shall be unlawful for a person to construct, install, alter, or cause to
be constructed, installed or altered, a nonpotable rainwater catchment system in a
building or on a premise without first obtaining a permit to do such work from the Chief
Building Official.
Exceptions:
(1) A permit is not required for exterior rainwater catchment systems used for outdoor
non -spray irrigation with a maximum storage capacity of 600 gallons where the tank
is supported directly upon grade, the ratio of height to diameter or width does not
exceed 2 to 1 (except as exempted by the Chief Building Official upon confirmation
of structural stability), it does not require electrical power or a makeup water supply
connection, the height does not exceed seven feet, and it is not visible from the public
right -of -way that abuts the front yard.
Ordinance No. 1612 (2015 Series)
Page 6
(2) A permit is not required for exterior rainwater catchment systems used for spray
irrigation with a maximum storage capacity of 360 gallons.
SECTION 5. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and regulations.
It is the City's express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 6. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage. A copy of the frill text of this ordinance
shall be on file in the Office of the City Clerk on and after the date following introduction and
passage to print and shall be available to any member of the public.
INTRODUCED on the 3rd day of Februar� 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 17' day of February 2015, on the following roll
call vote:
AYES: Council Members Carpenter, Christianson and Rivoire,
Vice Mayor Ashbaugh and Mayor Marx
NOES: None
ABSENT: None
M a Jan Marx
ATTEST:
'Anifiony J. Mel , I-M
City Clerk
W:D AS
J. Christine Dietrick
City Attorney
Ordinance No. 1612 (2015 Series)
Page 7
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this z_ `' day of 6e U-oj a v 20 i 5
r
JltKon 1� 1L pia, Ivl
City Clerk