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HomeMy WebLinkAboutOrdinances - No. 1913ORDINANCE NO. 1913 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUN¡CIPAL CODE TITLE 15 - BUILDINGS AND CONSTRUCTION - BY ADDING CHAPTER 15.19,'EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS' ==== ==================================================================== WHEREAS, the Lodi City Council 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 WHEREAS, the City Council wishes to advance the use of solar energy by all of its citizens, businesses and industries; and WHEREAS, the City Council seeks to meet the climate action goals set by the City of Lodi and the State; and WHEREAS, solar energy creates localjobs and economic opportunity; and WHEREAS, the City Council recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare and safety of the citizens of the City of Lodi to provide an expedited permitting process to assure the effective deployment of solar technology. BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1 Lodi Municipal Code Title 15 - Buildings and Construction - is hereby Chapter 15.19, "Expedited Permit Process for Small Residential Rooftopamended by adding Solar Systems," and shall read as follows: Chapter 15.19 Expedited Permit Process for Small Residential Rooftop Solar Systems 15.19.010 15.19.020 15.19.030 15.19.040 15.19.050 15,19.060 15.19.070 15.19.080 15.19.010 Definitions Definitions. Purpose. Applicability. Solar Energy System Requirements. Duties of Building Official and Electric Utility Director Pre-Application Verification by Applicant Authorization by Lodi Electric Utility Permit Review and lnspection Requirements A "Solar Energy System" tneanseitherof the following 1 a b. i. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, $orage, and di$ribution of solar energy for çace heating, space æoling, electricgeneration, orwater heating. ii. ArTy Sruc{ural design feature of a building, whose primary purpose is to provide for the collection, $orage, and disribution of solar energy for electricity generation, space heating or cooling, orforwater heating. A "sîall residential rooftop solarenergy system" means all of the following: i. A solar energy sydem that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowattsthermal. ii. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building ædes as adopted or amended by the City of Lodi and all $ate and City health and safety standards. iii. A solar energy system that is installed on a single or duplex family dwelling A solar panel or module anay that does not exceed the maximum legal building height as defined by the City. d IV c. "Bectronic slbmittal" means the utilization of one or more of the following i. Email;or ii. Facsimile An "association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. e. A "common interest development" means any of the following i. Acommunity apartment project. ii. Aændoniniumprcist iii. A planned development. iv. A $ock cooperative. f g "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety $andards, policies, or conditions æ they exi$ed on the date the application was deemed complete. "FÞasonable restrictions" on a solar energy sy$em are those restrictions that do not significantly increase the coS of the sT$em or dgnificantly deoease its efficiency or specified performance, or that allow for an alternative sy$em of comparable co$, efficiency, and energy conservation benefits. 2 "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means: For Water Heater $stems or Solar Sruimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the sy$em, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy s7s{em by an amount exceeding 10 percent, as originally specified and proposed. For Photovoltaic STSems: an amount not to exceed one thousand dollars ($1,OOO¡ over the system cost as originally specified and proposed, or a decrease in sys{em efficiency of an amount exceeding 10 percent as originally specified and proposed. 1 5.19.020 Purpose The purpose of this ordinance is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) lo achieve timely and cost-effective installations of small residential rooftop solar energy systems. This ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Lodi, and expanding the ability of property owners to install solar energy systems. This ordinance allows the City of Lodi to achieve these goals while protecting the public health and safety. 15.19.030 Applicability This ordinance applies to the permitting of all small residential rooftop solar energy systems in the Oty of Lodi. Smdl residential rooftop solar energy systems legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this Ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small residential rooftop solar energy sys{em in such a way as to require new permitting. fuutine operation and maintenance or like-kind replacements shall not require apermit. 15.19.040 Solar Energy System Requirements All solar energy sy$ems shall meet applicable health and safety standards and requirements imposed by the State, the City of Lodi, its fire department and electric utility. Solar energy systems for heating water in singl+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. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the lnstitute of Electrical and Electronics Engineers, and accredited testing laboratories such h. l. a. b. a b c J 15.19.050 e. as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. Duties of Building Official and Electric Utility Director All documents required for the submission of an expedited solar energy system application shall be made available to the public on the City's website. Electronic submittal of the required permit application and documents by email, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. For purposes of this Chapter, the City will accept as an electronic signature an electronic copy, such as a facsimile image or an electronic image, of an applicant's written signature. The City's Building & Safety lnspection Division in coordination with City's Electric Utility and Fire Department is authorized and directed to develop and 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. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall from time to time be revised to substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California So/ar Permifting Guidebook adopted by the Governor's Office of Planning and Research. All fees prescribed for the permitting of small residential rooftop solar energy system shall comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. 15.19.060 Pre-ApplicationVerification byApplicant Prior to submitting an application for a small residential rooftop solar energy system, an applicant shall: 1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential 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 At the applicant's cost, verify to the applicant's reasonable satisfaction using 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. a b c. d f a 2 4 15.'19.070 Authorization by Lodi Electric Utility Applicant shall obtain authorization from City's Electric Utility to connect the proposed small residential rooftop solar energy system to the Lodi Electric Utility electricity grid prior to submittalto City's Building & Safety Division. 15.19.080 a. Permit Review and lnspection Requirements The City's Building & Safety Division is authorized and directed to implement an administrative, nondiscretionary review process, to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this Ordinance. The Building & Safety Division shall issue a building permit or other nondiscretionary permit within 1-3 business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The City's building official may require an applicant to apply for a 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 or on the City's electric distribution system. Such decisions may be appealed to the City Planning Commission. 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. lf a use permit is required, a building official may deny an application for the use permit if the official 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. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. "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. City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. lf an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation b c. d  f g 5 required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. h. Only one inspection shall be required and performed by the City's Building & Safety Division and its Fire Department for small residential rooftop solar energy systems eligible for expedited review. i. The inspection shall be done in a timely manner and should include consolidated inspecti'ons. An inspection will be scheduled within two (2) business days of a request. j. lf a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this ordinance. SECT¡ON 2. California Environmental Quality Act (CEQA) Finding. This ordinance is exempt tronr e.eOn as specific regulatory actions are necessary to assure the maintenance, restoration, enhancement or protectioñ of the environment pursuant to CEQA Guidelines section 15308. SECTION 3. No Ma nclatorv Dutv of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the thereof, a mandatory duty of care towards persons or property City so as to provide a basis of civil liability for damages, except SECTION 4. Severabilitv. lf any provision of this ordinance or the application thereof to any person or ctrcumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, To this end, the provisions of this ordinance are severable. The City Council häi-eOy declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 6. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 19th d gust,2015 BOB NSON Attest: IFER City, or any officer or emPloYee within the City or outside of the as othenryise imposed bY law. M J 6 Clerk RRAI State of California County of San Joaquin, ss. l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that. Ordinance No. 1913 was introduced at a regulai meeting of the City Council of the City of Lodi held August 5,2015; and was thereafter paısed, adopte-d, and ordéred to print at a regular meeting of said Council held August 19, 2015, by the following vote: AyES: COUNCIL MEMBERS - Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None lfurthercertifythat Ordinance No. 1913was approved and signed bythe Mayoron the date of its passage and the same has been published pursuant to law. NIF FER oLo Clerk Approved as to Form D. MAGDICH 7