Item 07 - Solar Ordinance - Staff Report & Exhibit 1TOWN OF LOS GATOS ITEM NO: 7
PLANNING COMMISSION STAFF REPORT
Meeting Date: September 23, 2015
PREPARED BY:
APPLICATION NO:
LOCATION:
APPLICANT:
APPLICATION
SUMMARY:
Robert W. Schultz, Town Attorney
rschultz@losgatosca.gov
Town Code Amendment Application A-15-001
Town-wide
Town of Los Gatos
Consider adoption of Amendments to Chapter 29 (Zoning
Regulations) of the Town Code Provid ing a streamlined permitting
process for small resi dential rooftop solar systems.
RECOMMENDATION: Forward to Town Council with a recommendation for adoption.
CEQA:
FINDINGS :
ACTION:
EXHIBITS:
BACKGROUND:
It has been determined that there is no possibility that thi s project will
have a significant impact on the environment; therefore, the project is
not subject to the California Environmental Quality Act [Section
15061 (b)(3)].
The Planning Commission must make a findin g that the Zoning
Ordinance Amendments are consistent with the General Plan if the
recommendation is for adoption.
Recommendation to Town Council to adopt the proposed ordinance.
1. Draft Ordinance Amendments, Chapter 29
In 2014 the state legislature passed Assembly Bill (AB) 2188 mandating that cities and counties
adopt an expedited, s treamlined review and permitting process for s mall residential rooftop solar
system s. The Governor of California approved AB 2188 on September 21, 2014, requiring local
governments throughout the state to adopt regulations in conformance with AB 2188. The
proposed ordinance would put into place the necessary regulations for the Town to implement
the expedited review process for eligible rooftop solar system projects.
DISCUSSION:
In September 2014, the California State Legislature passed, and the Governor signed, Assembly
Bill 2188 (AB 2188), which requires local agencies to have expedited permit processing for
Planning Commission StaffReport-Page 2
Ordinance re Solar Applications/ A-15-00 1
September 23,2015
small residential rooftop solar energy system s. This legislati ve action revised two parts of the
California Solar Rights Act; specifically, it amend s Section 714 of the C ivil Co de, and Section
65850.5 of the Gove rnment Code relating to so lar energy.
Section 714 of the Civil Code was amended to alter the definition of what is a reasonable
restriction on a solar energy system as it pertains to restrictions that would significantl y
increase the cost of the system or significantly decrease its efficiency or specified
performance, or that would not allow for an alternative system of comparable cost, efficiency,
and energy conservation benefits . Specifically, "significantly" mean s an amount not to exceed
$1 ,000 over the system cost as originall y specified and proposed, or a decrease in system
efficiency of an amount exceeding 10 p ercent as originally specified and proposed.
Governm ent Code Section 65850.5 m an dates adoption of an ordinance b y the Town of Los
Gatos, which memorializes an expedited permit and in spection process for small residential
roofto p so lar energy system s and impos es a variety of requirements on local agencies , including
th e followin g:
1. Adoption of an ordinance to create an expedited, streamlined perm tttmg process for
residential rooftop solar energy sys tems of 10 kilowatt s or less that sub stanti all y
conforms with recommendations in the most current version of the California Solar
Permitting Guidebook ;
2. Adoption of a permitting checklist to be u sed for expedited re view;
3. Publication of the checklist an d permitting documentation on the Town 's webpage ;
4 . Allowance for electronic submittal of permit applications;
5. Issu ance of a permit must occur on the same business day for over-th e-co unter
applications or w ithin three bu siness days for electronic applications up on s ubmittal of a
complete application ; and
6. Requirement that the Town may onl y conduct o ne inspection, in a timely manner, fo r
tho se projects eli gible for expedited review (within two bus iness days).
T he Town has independently taken several of the actions at the administrative level required in
AB 2 188. There is already a so lar permitting checklist published and it is easy to find on the
Town 's webpage. Out of the 50 permits iss ued by the Town for photovoltaic so lar panel
inst all ations betwee n January 1, 2015 and June 30, 2015, o nl y three were iss ued more than three
business d ays after the filing date. The net effect of the three-d ay iss uan ce requiremen t is that
s mall res idential rooftop so lar p ermit s that cannot be issued over-the-counter will assume a
hi gher priority than other types of p ermit rev iew s and could result in delays in processing of
other permits.
The p roposed o rdinance (Exhibit 1) sati sfies the required content required by AB 2188 . T he
ordin ance is based on a "mode l" ordinance be in g widely u sed throu ghout the state to comply
w ith the new law . The ordinance codifies the requirem ents o f AB 2 188 and staff co n siders th e
mo de l o rdinance a goo d fit w ith Los Gatos ' Building Divis ion poli cies and proced ures.
Planning Commission Staff Report -Page 3
Ordinance re Solar Applications/ A-15-00 I
September 23 , 2015
ENVIRONMENTAL REVIEW :
The project is exempt from environmental review pursuant to CE QA Guidelines under the
General Rule [Section 15061 (b )(3)]. The project involves updates and revi sion s 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 Town Code amendments will have no significant negative effect on the
environment.
RECOMMENDATION:
Based on their consistency with the General Plan and State Law requirements to implement these
amendments, staff recommends that the Planning Commission forward the draft Town Code
amendments to the Town Council with a recommendation for adoption as outline below.
The Commission should include any comments or recommended changes to the draft
amendments in any motion relating to the following actions:
• Make the required finding that the Town Code (Zoning Regulation Ordinance)
Amendments are consistent with the General Plan; and
• Forward a recommendation to Town Council for adoption of the amendments to the
Town Code (Exhibit 1 ).
ALTERNATIVE:
Due to the state mandate, there are no alternatives for Planning Commission consideration.
repared by:
Robert W. Schultz
Town Attorney
LRP :RWS:cg
Laurel R. Prevetti
Town Manager/Community Development
Director
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ORDINANCE NO.
ORDINANCE OF THE TOWN OF LOS GATOS
ADDING DIVISION 3B TO SECTION 29.20 TO THE LOS GATOS TOWN CODE
TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS AS REQUIRED
BY ASSEMBLY BILL 2188 (CHAPTER 521, STATUTES 2014)
WHEREAS, the Town Council of Los Gatos seeks to implement AB 2188 (Chapter 521,
Statutes 2014) (Government Code section 65850.5) through the creation of an expedited,
streamlined permitting process for small residential rooftop solar energy systems; and
WHEREAS, the Town Council wishes to advance the use of solar energy by all of its
citizens, businesses and industries; and
WHEREAS, the Town Council seeks to meet the climate action goals set by the Town
and the State; and
NOW, THEREFORE,
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I
Los Gatos Town Code 29.20 Division 3B is hereby added to read as follows:
Expedited Permit Process for Small Residential Rooftop SolarSystems Sections:
29.20.225
29.20.226
29.20.227
29.20.228
29.20.229
29.20.230
Sec. 29.20.225
Purpose and intent.
Definitions.
Applicability.
Solar Energy System Requirements.
Applications and documents.
Permit review and inspection requirements.
Purpose and intent.
These provisions are intended to establish an expedited, streamlined solar permitting process
th at complies with the Solar Rights Act and AB 2 188 (Chapter 521 , Statutes 2014, CA Govt.
Code Section 65850.5) to achieve timely and cost-effective installations of small residential
rooftop so lar energy systems. These provisions are intended to encourage the use of solar
sys tems by removing unreasonable barriers, minimizing costs to property owners and the
Town, and expanding the ability of property owners to install so lar energy systems. These
provisions allow the Town to achieve these goals while protecting the public health and
safety.
EXHIBIT 1
Sec. 29.29.226 Definitions.
The following words, terms and phrases, when used in this division, shall have the
following meanings ascribed to them in this section
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.
Small r esidential 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
and all state and Town 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.
Electronic signature means a digital signature or digital stamp that is issued by a
certificate authority approved by the California Secretary of State and which meets the
requirements of Government Code Section 16.5.
Electronic submittal means the utilization of one or more of the following:
I. Email;
2. The Internet;
3. Facsimile.
Association means a nonprofit corporation or unincorporated association created for the
purpose of managing a common interest development.
Common interest developm ent means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperati ve.
Specific, advers e impa ct means a significant, quantifiable, direct , and unavoidable
impact, based on objective, identified, and written public health or safety standards , policies,
or conditions as they exi sted on the date the application was deemed complete.
R easonable restrictions on a solar energy system are those restrictions that do not
s ignificantly increase the cost of the system or significantly decrease its efficiency or
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specified performance, or that allow for an alternative system of comparable cost, efficiency,
and energy conservation benefits.
Restrictions that do not significantly increase the cost of th e system or decrease its
efficiency or specified performance means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems:
an amount exceeding 1 0 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 a mount exceeding 10
percent, as origi nally specifi ed 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.
Sec. 29.20.227 Applicability.
(a.) These provisions apply to the permitting of all small residential rooftop solar energy
systems in the Town.
(b.)Small residential rooftop solar energy systems legally established or permitted prior to
October 31 , 2015 are not subject to the requirements of these provisions unless physical
modifications or alterations are undertaken that materially change the s iz e, 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 Certificate of Appropriateness and/or architectural review may ~e required for
properties deemed historically significant as determined by the Community Development
Director.
Sec. 29 .20.228 Solar Energy System Requirements.
(a.) All solar energy systems shall meet applicable health and sa fety standard s and
requirements imposed by the state and the Town.
(b .) Solar energ y s ystems for heating water in single-family resi dences and for heating water
in commercial buildings or s wimming pool applications s hall be certified by an
accredited li sting agency as defined b y the California Plumbing and Mechanical Code.
(c.) Solar energy systems for producing electricity shall meet all applicable s afet y a nd
performance standards es tabli shed 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 Utiliti es
Commission regarding safety and reliability.
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Sec. 29.20.229 Applications and Documents.
(a.) All documents required for the submission of an expedited solar energy system
application shall be made available on the publicly accessible Town 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.) An applicant 's electronic signature shall be accepted on all forms, applications, and other
documents in lieu of a wet signature.
(d.)The Town's Building 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.
(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 plans contained in the most current version of the
California Solar Permitting Guidebook adopted by the Governor 's Office of Planning
and Research.
(f.) All tees prescribed for the permitting of small residential rooftop solar energy system
must comply with Government Code Section 65850 .55, Government Code Section
66015, Government Code Section 66016, and State Health and Safety Code Section
17951.
Sec. 29.20. 230 Permit Review and Inspection requirements
(a.) The Town's Building Division shall adopt an administrative, nondiscretionary review
process to expedite approval of small residential rooftop solar energy systems. The
Building Division shall issue a building permit, the issuance of which is nondiscretionary,
on the same day for over-the-counter applications or within one to three business days for
electronic applications upon receipt of a complete application that meets the requirements
of the approved checklist and standard plan. The 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. Such decisions may be appealed to the Town Planning Commission.
(b.)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.
(c.) If a use permit is required, the Town may deny an application for the use permit 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.
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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 Town 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 on another similarly situated application in a prior successful
application for a permit. The Town 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.
(g.)Only one inspection shall be required and performed by the Town 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. An inspection will be scheduled within two business days of a request and
provide a two hour inspection window.
(i.) If a small residential rooftop solar energy system fails inspection, a subsequent inspection
is authorized but need not conform to the requirements of these provisions .
SECTION II
The Town Council finds and determines that the adoption of this ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) per CEQA Guidelines under
the General Rule [Section 1506l(b)(3)], which sets forth that the CEQA applies only to projects
which have the potential for causing a significant effect on the environment. It can be seen with
certainty that the proposed Town Code text amendments will have no significant negative effect
on the environment.
SECTION III
If any provision of this ordinance or the application thereof to any person or circumstances 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, and to this end the
provisions of this ordinance are severable. This Town Council hereby declares that it would have
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adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends
that the invalid portions should be severed and the balance of the ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los Gatos
Town Code shall remain unchanged and shall be in full force and effect.
SECTION V
This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the
full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance
may be published at least five (5) days prior to and fifteen (15) days after adoption by the Town
Council and a certified copy shall be posted in the office of the Town Clerk, pursuant to GC
36933( c)( 1 ).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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