Staff Report Solarow" nF MEETING DATE: 11/03/15
ITEM NO:
�oy�ca�os COUNCIL AGENDA REPORT
DATE: OCTOBER 27, 2015
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT SCHULTZ, TOWN ATTORNE,' ,.
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:
Adopt ordinance that was introduced at the Town Council meeting of October 20, 2015.
BACKGROUND:
On October 20, 2015, the Town Council introduced an ordinance, adding Division 3B to Section
29.20 to the Los Gatos Town Code.
DISCUSSION:
Assembly Bill 2188 (AB 2188) mandates that the Town adopt an ordinance to allow for an
expedited, streamlined review and permitting process for small residential rooftop solar systems.
At its meeting on October 20, 2015 the Town Council held a public hearing to consider adding
Section 29.20 to the Town Code to comply with state law by providing for an expedited
streamlining permitting process for small residential rooftop solar systems.
CONCLUSION:
If Council adopts the ordinance at its November 3, 2015 meeting, the ordinance would go into
effect in 30 days from adoption.
Attachments:
1. Ordinance
PREPARED BY: ROBERT SCHULTZ"
Town Attorney
Reviewed by: - Town Manager
Town Manager
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INTENTIONALLY
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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 SolarSystems
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 requirements
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 Systerns 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.
(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.
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.)Eleetronic 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 plants), 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.
Sec. 29.20. 230 Permit Review and Inspection requirements.
(a.)The Town's Building Division shall adopt an administrative, nondiseretionary 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 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.
(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 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