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HomeMy WebLinkAboutORD 1456 (2015) ORDINANCE NO. 1456 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 2 TO ARTICLE 8 OF THE TUSTIN CITY CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines as follows: A. On September 21, 2014, Governor Brown approved Assembly Bill 2188 (Section 65850.5 of the Government Code), to promote and encourage the use of solar energy systems and to limit obstacles to their use. AB 2188 requires every city and county in California to adopt, on or before September 30, 2015, an expedited, streamlined permitting process for small residential rooftop solar energy systems. B. Subsection (a) of Section 65850.5 of the California Government Code 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 costs of such systems. C. Subdivision (g)(1) of Section 65850.5 of the California Government 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. D. Code Amendment 2015-002 (Ordinance No. 1456) has been prepared to conform to AB 2188, guidance provided by the Governor's Solar Permitting Task Force (California Solar Permitting Guidebook), and the California Building Officials' (CALBO) model ordinance and analysis of Assembly Bill 2188. Section 2. Chapter 2 of Article 8 of the Tustin City Code is hereby added to read as follows: CHAPTER 2 - SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS 8200 INTENT AND PURPOSE. The intent and purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with AB 2188 (Chapter 521, Ordinance No. 1456 Page 1 of 7 Statutes 2014, CA Govt. Code Section 65850.5) to achieve timely and cost- effective installations of small residential rooftop solar energy systems. This chapter is designed to encourage the use of solar systems by removing bafflers, 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. 8201 DEFINITIONS Association. A nonprofit corporation or unincorporated homeowner's association created for the purpose of managing a common interest development. Building Division. The Building Division of the City of Tustin. Building Official. The Building Official for the City of Tustin. City. The City of Tustin. Common interest development. 1. A community apartment project. 2. A condominium project. 3. A planned development. 4. A stock cooperative. Electronic submittal. The utilization of one or more of the following: 1. Email. 2. The Internet. 3. Facsimile Expedited permitting and/or expedited review. The process outlined in Section 8205 entitled "Permit Review and Inspection Requirements." Feasible method to satisfactorily mitigate or avoid a 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 similar permit. Ordinance No. 1456 Page 2 of 7 Board of Appeals. The Building Board of Appeals for the City of Tustin as provided in Section 113.1 of the Tustin City Code. Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. 1. 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. Small residential rooftop solar energy system. 1. A solar energy system that is not larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. P2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Tustin and all State of California health and safety standards. 3. A solar energy system that is installed on a single or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as regulated by the City of Tustin. Solar energy system. 1. Any solar collector or other solar energy device with a primary purpose 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 with a primary purpose to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating. Specific, adverse impact. A significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety Ordinance No. 1456 Page 3 of 7 standards, policies or conditions as they existed on the date the application was deemed complete. 8202 APPLICABILITY (a) This chapter applies to the permitting of all small residential rooftop solar energy systems. (b) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this 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. 8203 SOLAR ENERGY SYSTEM REQUIREMENTS (a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State of California and the City of Tustin. (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 Public Utilities Commission regarding safety and reliability. 8204 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. 1 Ordinance No. 1456 Page 4 of 7 (c) The Building Division shall prepare 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) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. (e) 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 plan contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. 8205 PERMIT REVIEW AND INSPECTION REQUIREMENTS (a) The Building Division shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications, including the checklist and standard plan contained in the California Solar Permitting Guidebook. Review of the application shall be limited to the Building Official's review of whether the application meets local, State, and Federal health and safety requirements. (b) Denial may only occur when supported by written findings identifying 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 Building Board of Appeals pursuant to the 2013 California Building Code, as amended by the Tustin City Code. (c) When a complete application is submitted that meets the Building Division's approved checklist and standard plan, the Building Division shall accommodate a building permit application within three business days. (d) Any condition imposed in the approval of a complete application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The City shall not condition approval of an application to require the approval of an association as defined in Section 8201. Ordinance No. 1456 Page 5 of 7 (e) 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. (f) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. (g) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized and shall conform to the requirements of this chapter. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 21St day of July, 2015. CHARLES E. PUCKETT, Mayor ATTEST: JEFFREY C. PARKER, City Clerk 1 Ordinance No. 1456 Page 6 of 7 AP'ROVED AS TO FORM: 1 DAVID E. KENDIG, • City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN CERTIFICATION FOR ORDINANCE NO. 1456 I, Jeffrey C. Parker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1456 was duly and regularly introduced at the regular meeting of the City Council held on the 7th day of July, 2015, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 215t day of July, 2015, by the following vote: COUNCILPERSONS AYES: Puckett, Nielsen, Murray, Bernstein (4) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: Gomez (1) *- /vt JEFFRECY PACKER, City Clerk Ordinance No. 1456 Page 7 of 7