Staff ReporttpW N OF
� MEETING DATE: 10/20/2015
!OS'�'pt'pS ITEM NO: 5
COUNCIL AGENDA REPORT
DATE: October 15, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT: ADOPT AN ORDINANCE OF THE TOWN COUNCIL 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)
RECOMMENDATION:
Staff recommends that Town Council accept public comment and then move for introduction and
first reading of an Ordinance, by title only, adding Division 3B to Section 29.20 to the Los Gatos
Town Code.
BACKGROUND:
In 2014 the state legislature passed Assembly Bill 2188 (AB 2188) mandating that cities and
counties adopt an expedited, streamlined review and permitting process for small residential
rooftop solar systems. 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
small residential rooftop solar energy systems. This legislative action revised two parts of the
California Solar Rights Act; specifically, it amends Section 714 of the Civil Code, and Section
65850.5 of the Government Code, relating to solar energy.
PREPARED BY: ROBERT SCHULTZf ' .,3 J �"
Town Attorney �
Reviewed by: 4AW Town Manager
Assistant Town Manager
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE RE SOLAR APPLICATIONS
OCTOBER 15, 2015
DISCUSSION (Cont'd):
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 significantly
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" means an amount not to exceed
$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.
Government Code Section 65850.5 mandates adoption of an ordinance by the Town of Los
Gatos, which memorializes an expedited permit and inspection process for small residential
rooftop solar energy systems and imposes a variety of requirements on local agencies, including
the following:
1. Adoption of an ordinance to create an expedited, streamlined permitting
process for residential rooftop solar energy systems of 10 kW or less that
substantially conforms to recommendations in the most current version of
the California Solar Permitting Guidebook;
2. Adoption of a permitting checklist to be used for expedited review;
3. Publication of the checklist and permitting documentation on the Town's
webpage;
4. Allowance for electronic submittal of permit applications;
5. The permit must be issued the same business day for over - the - counter
applications or within three business days for electronic applications upon
submittal of a complete application; and
6. Requirement that the Town may only conduct one inspection, in a timely
manner, for those projects eligible for expedited review (within two
business days).
The Town has independently taken several of the actions at the administrative level required in
AB 2188. There is already a solar permitting checklist published and it is easy to find on the
Town's webpage. Out of the 50 permits issued by the Town for photovoltaic solar panel
installations between January 1, 2015 and June 30, 2015, only three were issued more than three
business days after the filing date. The net effect of the three -day issuance requirement is that
small residential rooftop solar permits that cannot be issued over - the - counter will assume a
higher priority than other types of permit reviews and could result in delays in processing of
other permits.
PLANNING COMMISSION REVIEW
The Ordinance (Attachment 1) satisfies the required content required by AB 2188. The
Ordinance is based on a "model" ordinance being widely used throughout the state to comply
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE RE SOLAR APPLICATIONS
OCTOBER 15, 2015
PLANNING COMMISSION REVIEW (Cont'd):
with the new law. The Ordinance codifies the requirements of AB 2188 and staff considers the
model ordinance a good tit with Los Gatos' Building Division policies and procedures.
On September 23, 2015 the Planning Commission reviewed the Ordinance and recommended
approval and made the necessary findings that the Ordinance was consistent with the Town's
General Plan. The verbatim transcript is Attachment 2.
The Planning Commission also recommended two potential revisions to the Ordinance. The
Planning Commission requested the Town Attorney eliminate the following definition from the
Ordinance if it is not used in the Ordinance:
Association means a nonprofit corporation or unincorporated association created
for the purpose of managing a common interest development.
Common interest development means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
A review and analysis of the Ordinance has determined that the above definition is not used in
the Ordinance and therefore can be eliminated.
The other recommended potential change by the Planning Commission concerned the following
language.
A Certificate of Appropriateness and /or architectural review may be required for
properties deemed historically significant as determined by the Community
Development Director.
This language was not part of the model Ordinance developed and widely used by all
jurisdictions. This language was inserted to hopefully allow the Town to apply a more stringent
review process for historical structures. Unfortunately, Assembly Bill 2188 prohibits the Town's
ability to regulate the aesthetics of solar energy systems on all buildings, including those of
historical significance. The discretionary review limitations have been confirmed with the State
Office of Historic Preservation staff. Therefore, this language has been deleted from the
Ordinance. Even though the language has been deleted, City staff will focus on educating and
encouraging solar energy system contractors to minimize the impacts of solar energy systems on
historic buildings and neighborhoods through written materials and open dialogue.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE RE SOLAR APPLICATIONS
OCTOBER 15, 2015
CONCLUSION:
We recommend Council review and move for first reading and introduction of the attached
Ordinance by title only. Please feel free to ask questions or make any changes you feel
appropriate.
ENVIRONMENTAL ASSESSMENT:
It has been determined that there is no possibility that this 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)).
FISCAL IMPACT:
The adoption of this agreement results in no fiscal impact.
Attachments:
Attachment 1: Ordinance
Attachment 2 Planning Commission Transcript
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL 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 313, is hereby added to read as follows:
Expedited Permit Process for Small Residential Rooftop Solar Systems
29.20.225 Purpose and intent.
29.20.226 Definitions.
29.20.227 Applicability.
29.20.228 Solar Energy System Requirements.
29.20.229 Applications and documents.
29.20.230 Permit review and inspection iequirements
See. 29.20.225 Purpose and intent.
These provisions are intended to establish 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) to achieve timely and cost- effective installations of small residential
rooftop solar energy systems. These provisions are intended to encourage the use of solar
systems by removing unreasonable barriers, minimizing costs to property owners and the
Town, and expanding the ability of property owners to install solar energy systems. These
provisions allow the Town to achieve these goals while protecting the public health and
safety.
ATTACHMENT 1
See. 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 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
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:
1. Email;
2. The Internet;
3. Facsimile.
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.
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.
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 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 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.
Sec. 29.20.228 Solar Energy System Requirements.
(a.)All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the state and the Town.
(b.)Solar energy systems for heating water in single- family residences and for heating water
in commercial buildings or swimming pool applications shall be certified by an
accredited listing agency as defined by the California Plumbing and Mechanical Code.
(e.) 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.
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.)Electronie 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.
(e.) 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 fees 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.
See. 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 minor residential 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 minor residential permit is required, the Town may deny an application for the minor
residential 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. 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.
(£) 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.
(L) 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 15061(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 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 City Clerk, pursuant to GC
36933(c)(1).
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on October 20, 2015, and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on November 3, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Community Development
Director:
Planning Manager:
Town Attorney:
Transcribed by:
Kendra Burch, Chair
Mary Badame, Vice Chair
Charles Erekson
Melanie Hanssen
D. Michael Kane
Tom O'Donnell
Joanne Talesfore
Laurel Prevetti
Joel Paulson
Robert Schultz
Vicki L. Blandin
(510) 337 -1558
LOS GATOS PLANNING COMMISSION 9/23/2015 ATTACHMENT 2
Item #7, Solar Ordinance
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P R O C E E D I N G S:
CHAIR BURCH: We are now going to move to what in
the agenda is Item 7, Town Code Amendment Application A -15-
001 considering adoption of amendments to Chapter 29,
Zoning Regulations of the Town Code providing streamlined
permitting process for small residential rooftop solar
systems. And our Town Attorney, Mr. Shultz, you'll be
giving us...
COMMISSIONER KANE: May I make a motion?
ROBERT SCHULTZ: I'll be very brief for the
public.
In September 2004 the state passed a law that
requires local agencies to have expedited permit processing
for small residential rooftop solar energy systems. There
were two changes that they made in the law: one to the
civil code and one to the government code.
The change in the civil code made a change in the
definition of what a reasonable restriction is that you can
put on a solar energy system.
The other change was to Government Code Section
65850.5, which mandates that we have to pass an ordinance
that would provide an expedited permitting and inspection
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar Ordinance
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I process for small residential rooftop solar energy systems
2 and impose a variety of requirements on local agencies.
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The good news is we've really already been
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complying with this law. We went back for the last year and
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Found out we had 50 of these applications and 47 of them
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had been passed within the three -day requirement. So we are
8 getting those in and out as quickly as we can. We even have
9 to though if they're over the counter or even do it same
to day as what the law requires, and there are restrictions
11 that are in my Staff Report that we have to comply with.
12 The ordinance I've done is the model ordinance.
13 It's been passed in almost every single jurisdiction either
14 in the last three or four months or is being passed right
15 at this exact same time.
16 So with that the recommendation is to make the
17 required findings that the Town Code amendments are
18 consistent with the General Plan and forward a
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recommendation to the Town Council for adoption of the
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amendments to the Town Code.
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22 With that I'll answer any questions.
23 CHAIR BURCH: Any questions? Hanssen, Talesfore,
24 then O'Donnell. That was the order I saw hands.
25 COMMISSIONER HANSSEN: I just had a question on
page three at the top. It talked about the reasonable
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar Ordinance
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I restrictions. The dollar amounts referenced in there are
2 for the permitting fees, for a jurisdiction for a solar
3 system, is that correct?
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ROBERT SCHULTZ: The thousand dollars?
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COMMISSIONER HANSSEN: Yeah, what is the thousand
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dollars referring to?
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ROBERT SCHULTZ: No, that's referring to a
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reasonable restriction, so you couldn't make changes to the
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to solar energy proposal that they were trying to put in if it
11 was going to increase it by a thousand dollars or more.
12 That's what that requirement is for.
13 COMMISSIONER HANSSEN: Okay, so it doesn't have
14 to do with the permitting fees?
15 ROBERT SCHULTZ: It doesn't have to do with
16 permitting fees.
17 COMMISSIONER HANSSEN: Okay. All right.
18 CHAIR BURCH: Commissioner Talesfore.
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COMMISSIONER TALESFORE: Two questions. These
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permits, it said somewhere in here that they would be
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fulfilled prior to anything else that came before? I mean
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it said that these would likely move to the top.
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24 ROBERT SCHULTZ: Yes, they really do move to the
top.
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COMMISSIONER TALESFORE: And that is because?
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar Ordinance
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1 ROBERT SCHULTZ: State law says y you have one day.
2 If they're actually electronically submitted, you have
3 three days to do it if it's electronically, but if someone
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comes in over the counter, we'll have to take the Building
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Department off of that and approve it that same day.
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7 COMMISSIONER TALESFORE: I have a question. So do
a they inspect the roof prior to any installation of these?
9 ROBERT SCHULTZ: Not prior, but there is an
to inspection after.
11 COMMISSIONER TALESFORE: After, okay. All right,
12 that's it. Thanks.
13 CHAIR BURCH: Commissioner O'Donnell,
14 COMMISSIONER O'DONNELL: I have one question, and
15 I just have missed it, but on page two, the lower part of
16 the page, it defines "association" and "common interest
17 development", P and I can't find those terms used in the
18 balance of the document. So it's nice to have 'a definition,
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but why?
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ROBERT SCHULTZ: Good question.
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22 COMMISSIONER O'DONNELL: But if you find that
23 it's not necessary, I would suggest you take it out.
24 ROBERT SCHULTZ: Okay.
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CHAIR BURCH: Commissioner Badame.
LOS GATOS PLANNING COMMISSION 912312015
Item #7, Solar Ordinance
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VICE CHAIR BADAME: Well, if there's no further
I discussion...
CHAIR BURCH: No, actually we have a card. So if
everyone is done with certain questions of Staff, Angelia
Doerner has a few minutes to speak to us.
ANGELIA DOERNER: Hello, I'm Angelia Doerner, a
proud resident of the Almond Grove. I'd like to focus on
the paragraph related to historical properties.
First off, I believe it's very simple. I believe
that reference to the Community Development Director is
misplaced. As written it seems to relate to deeming a
property historically significant, but I think if it's
changed this way it should relate to determining whether a
certificate or a review is required. Either way, as the
owner of a small historical home I read this ordinance to
relate to all small residences, except for historical
residences.
Now, I don't know what a "certificate of
appropriateness" is. That definition should be added to the
ordinance. But I do know what an architectural review could
entail and could cost. Assembly Bill 2188 states that the
reasonable restriction is one that does not increase the
cost of the system by more than a thousand dollars or
decreases system efficiency by more than 10 %.
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar Ordinance
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I Let's consider the cost restriction. Think of the
2 cost of an architectural review, appeal fees to go the HPC
3 assuming the Community Development Director says no,
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possible appeal fees to come to you and maybe even to the
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Council. It's not hard to exceed a thousand dollars. Aren't
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these costs really a cost of the system?
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a Also, by the very nature of being historical it's
9 likely that you're going to be dealing with a lot of mature
10 trees and limited options to achieve an effective rooftop
11 system. It's not hard to imagine the CDD requirements to
12 exceed a 10% reduction of system efficiency.
13 I just don't think these circumstances have been
14 adequately vetted, and I think they should be before this
15 ordinance goes to Council. Otherwise, I think it's only
16 partially addressing the spirit of the mandate, and more
17 importantly leaving everyone in a quandary as it relates to
18 small historical homes.
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I'd like to use my house as an example. I did my
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home in 1987 -1988, and as you can see there is no change
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22 from the outside before and after, but when you open the
23 front door it's a totally different story because of my
24 skylights. I have no doubt that these skylights would never
25 be approved under the current guidelines. I bring this up
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar Ordinance
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1 because from the outside my skylights look pretty much like
2 solar panels.
3 To comply with the spirit of legal mandate for
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historical homes I think the Town needs some specific
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guidelines to deal with the same questions raised during
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the 2020 General Plan Update, something tangible for
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homeowners and Staff to deal with competing values,
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economical and environmental improvements versus possible
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to sacrifice of historical integrity. Thank you.
11 CHAIR BURCH: Thank you. Do we have any
12 questions? No? Thank you.
13 I don't have any other cards, so I'm going to
14 close the public portion and ask if anyone has any other
15 questions of Staff? Commissioner O'Donnell, then Commission
16 Kane.
17 COMMISSIONER O'DONNELL: As I was listening to
la that it strikes me that we don't have the authority to do
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that and we're trying to follow the state law and...
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ROBERT SCHULTZ: The speaker brings up a very
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good point. During my research this was one of the sections
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that is in very few of the ordinances that I was able to
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find, but it was found in a few of them; I can't remember
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which ones.
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LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar Ordinance
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I To keep this moving I still recommend approve it
2 and move it on, but this can be one of the issues that's
3 highlighted with Council, how we can do it and if we have
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the ability to.
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My concern was still there is sometimes in the
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Historical District where I think you do need to have that
a extra set of eyes on it. I don't believe that situation
9 would have caused any concern, but there might be somewhere
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that the visual and aesthetic issues might so overweigh...
11 COMMISSIONER O'DONNELL: How do you get that if
12 it's a one -day turnaround?
13 ROBERT SCHULTZ: The code allows for that if it's
14 determined by the Community Development Director for that
15 reason, then you can actually push that up to the use
16 permit process.
17 COMMISSIONER O'DONNELL: So can I
just
is understand, if we were to say we approve this subject
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however to the possible addition of the requested section,
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unless you find that there is a legal prohibition?
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22 ROBERT SCHULTZ: Yes. Yes, something that
23 definitely I will flush out further and make sure the
24 Council is aware of the concern from the speaker, and
25 making certain the Planning Commission is also aware of
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #71 Solar Ordinance
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this issue and making certain that if we do have that
ability...
Unless you don't want that issue to even be
processed. That was the only area where I was concerned
about it, in the Historical District, where I think you
might need further review for that preservation of that
area. If that's not a concern of Planning Commission, then
certainly you can just strike it completely, and that's
what many of the ordinances had, and that might be where we
end up anyway.
CHAIR BURCH: Commissioner Kane, you had your
hand up.
COMMISSIONER KANE: Well, that was it. I think
the speaker brought up an excellent point, and as
appropriate if we could put protective language for our
historic districts, that would be a very good idea.
COMMISSIONER O'DONNELL: I'll make a motion.
CHAIR BURCH: Okay.
COMMISSIONER O'DONNELL: I'll make a motion that
we approve the proposed adoption as set forth in the report
to us, and make the required finding that the Town Code
amendments are consistent with the General Plan, and
forward a recommendation to the Town Council for adoption
of the amendments to the Town Code, which is Exhibit 1, and
LOS GATOS PLANNING COMMISSION 9/23/2015
Item #7, Solar ordinance
10
1 include the language as suggested by our prior speaker and
2 shown to us, subject however to the satisfaction of the
3 Town Attorney that there is no prohibition to that
4
addition.
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CHAIR BURCH: Commissioner Talesfore.
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7 COMMISSIONER TALESFORE: And I will second that
s motion and highlight the historical aspect of that, that it
9 be forwarded to the Town Council. Thank you.
10 CHAIR BURCH: All right. Do we have any other
11 comments before we take a vote? All in favor? Passes
12 unanimously.
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LOS GATOS PLANNING COMMISSION 9/23/2015
Item V, Solar Ordinance
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