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HomeMy WebLinkAbout2015-03ORDINANCE NO. 2015-03 ADDING CHAPTER 10-12 TO THE TOWN OF DANVILLE MUNICIPAL CODE ESTABLISHING A STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS The Danville Town Council does ordain as follows: SECTION 1. FINDINGS. In enacting this ordinance, the Town Council makes the following findings: A. Section 65850.5(a) of the California Government Code provides that it is the policy of the State of California 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 installing such systems. B. Section 65850.5(8) of the California Government Code provides that, on or before September 30, 2015, every city and county within the state 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. C. Adoption of this ordinance not only assures compliance with state law, it is also consistent with the Town's Sustainability Action Plan, specifically Measures EG -113 (local alternative energy sources development), EG -1C (low-cost permit fees for solar systems), and EG -213 (regulatory/ procedural barrier removal for green projects). SECTION 2. ADDING A NEW CHAPTER 10-12 TO THE TOWN OF DANVILLE MUNICIPAL CODE. A new Chapter 10-12 is hereby added to the Danville Municipal Code to read as follows: CHAPTER 10-12 SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS Section 10-12.1 Definitions. For the purposes of this chapter only, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise: (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; or (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 Town of Danville and all state 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 defined by the Town of Danville. (c) "Electronic submittal" means the utilization of one or more of the following to submit an application to the Town: email; the Internet; or, Facsimile. (d) "Association' means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (e) "Common interest development" means any of the following: a community apartment project; a condominium project; a planned development; or, a stock cooperative. (f) "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. (g) "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. (h) "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means: (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 System,: 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. PAGE 2 OF ORDINANCE NO. 2015-03 Section 10-12.2 Application. This Chapter applies to the permitting of all small residential rooftop solar energy systems in the Town of Danville. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of 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. Section 10-12.3 Solar Energy System Requirements. (a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the Town of Danville and the San Ramon Valley Fire Protection District. (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/or 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. Section 10-12.4 Duties of Building Division and Chief Building Official. (a) All documents required for the submission of an expedited solar energy system application shall be made available on the Town of Danville's public Website. (b) All applications for installation of small residential rooftop solar energy systems may be submitted electronically to the Town's Building Division by email, internet, or facsimile. (c) An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. (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 California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. (e) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. PAGE 3 OF ORDINANCE NO. 2015-03 Section 10-12.5 Permit Review and Inspection Requirements. (a) The Building Division shall issue a building permit the same day for over-the- counter applications or within 1-3 business days for electronic applications of 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 a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the health and safety of the public. Such decisions may be appealed to the Planning Commission. (b) Review of the application shall be limited to the review of whether the application meets local, state, and federal health and safety requirements. (c) If a use permit is required, the building official may deny an application for the use permit if the building 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 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 Town of Danville on another similarly situated application in a prior successful application for a permit. The Town of Danville 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) A permit subject to this Chapter shall not require approval of the application by an association, as defined in Section 4080 of the Civil Code. (g) If an application is deemed incomplete, a written correction notice or letter 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. (h) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority. PAGE 4 OF ORDINANCE NO. 2015-03 (i) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two- [2] business days of a request and provide a two- [2] hour inspection window. (j) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Chapter. SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. PAGE 5 OF ORDINANCE NO. 2015-03 The foregoing ordinance was introduced on July 21, 2015 and approved and adopted by the Danville Town Council at a regular meeting on August 11, 2015, by the following vote: AYES: Doyle, Stepper, Arnerich, Storer, Morgan NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: C TY ATTORNEY MAYOR ATTEST: CITY CLERK'S CERTIFICATE a I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2015-03 of said Town and that said ordinance was published according to law. Dated: 0/1 6 - PAGE 6 OF ORDINANCE NO. 2015-03