HomeMy WebLinkAbout4.05 Residential Rooftop Solar OFDU
fyz STAFF REPORT CITY CLERK
CITY COUNCIL File #440-50
DATE: August 18, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager (' ff�
SUBJECT: Adoption of an Ordinance Establishing a Streamlined ermitting Process for
Small Residential Rooftop Solar Systems (AB 2188)
Prepared by Gregory A. Shreeve Sr., Chief Building Official and
Roxanna Recinos-Serna, Plan Check Engineer
EXECUTIVE SUMMARY:
California Government Code Section 65850.5 (enacted by Assembly Bill 2188) requires that, on
or before September 30, 2015, local governments adopt an ordinance that creates a
streamlined permitting process for small rooftop solar system installations.
FINANCIAL IMPACT:
The fiscal impact of the ordinance should be minimal. The City will mostly likely see a small
increase in expenditures in the printing of plan sets for electronically submitted applications.
There is also a potential for an increase in postage costs, if the City mails plans and permits to
the Applicant after the approval of an electronically submitted permit. This and any other
increases could be offset with an electronic submittal surcharge or an increase in the amount of
the permit fees. No action is requested at this time; Staff will review the costs during the next
fee study and provide any recommendations for modifying the fees at that time.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt the Ordinance Adding
Chapter 7.96 (Streamlined Permitting Process for Small residential Rooftop Solar Systems) to
the Dublin Municipal Code and provide direction on permit subsidies.
Submitted By Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
Government Code Section 65850.5 requires the City to adopt an ordinance creating an
expedited, streamlined permitting process for small residential rooftop solar energy systems.
Under the State requirement, small residential rooftop solar energy systems are defined as solar
Page 1 of 2 ITEM NO. 4.5
energy systems that: (1) are no larger than 10 kilowatts alternating current in the case of
photovoltaic or "PV" electric generating systems, or are no larger than 30 kilowatts thermal in
the case of water heating systems; (2) conform to all applicable state fire, structural, electrical
and other building codes adopted by the local authority; (3) are installed on a single-family or
duplex-family dwelling; and (4) do not exceed the maximum legal building height as defined by
the local authority.
The proposed ordinance is intended to satisfy that requirement. The ordinance codifies the
requirements of Section 65850.5(g)(1), such as accepting and approving applications
electronically, directing the City's Chief Building Official to develop a checklist of all
requirements with which small rooftop solar energy systems shall comply to be eligible for
expedited review, and authorizing the Chief Building Official to administratively approve such
applications.
The Building & Safety Division is currently providing expedited review and has a current
handout. Staff is working on the creation of the new checklists and plans required by the
guidebook. In addition, Staff is developing procedures for acceptance of electronic submittals of
permit application and related documents.
On July 21, 2015, the City Council waived the reading and introduced the Ordinance adding
Chapter 7.96 (Streamlined Permitting Process for Small Residential Rooftop Solar Systems) of
the Dublin Municipal Code to establish an expedited permitting procedure for rooftop solar
energy systems. Please refer to the July 21, 2015 City Council Staff Report for a complete
discussion of this Ordinance (Attachment 1). The City Council is currently requesting to waive
the second reading and adopt the Ordinance (Attachment 2).
ATTACHMENTS: 1. City Council Staff Report dated July 21, 2015 (without attachments)
2. Ordinance of the City Council of the City of Dublin adding Chapter
7.96 to the Dublin Municipal Code Adopting a Streamlined Process
for Small Residential Rooftop Solar Systems
Page 2 of 2
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�` ;�8� STAFF REPORT CITY CLERK
y CITY COUNCIL File #440-50
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DATE: July 21, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Adoption of an Ordinance Establishing a Streamlined ermitting Process for
Small Residential Rooftop Solar Systems (AB 2188)
Prepared by Gregory A. Shreeve Sr., Chief Building Official and Roxanna
Recinos-Serna, Plan Check Engineer
EXECUTIVE SUMMARY:
California Government Code Section 65850.5 (enacted by Assembly Bill 2188), requires that, on
or before September 30, 2015, local governments adopt an ordinance that creates a
streamlined permitting process for small rooftop solar system installations.
FINANCIAL IMPACT:
The fiscal impact of the ordinance should be minimal. The City will mostly likely see a small
increase in expenditures in the printing of plan sets for electronically submitted applications.
There is also a potential for an increase in postage costs, if the City mails plans and permits to
the Applicant after the approval of an electronically submitted permit. This and any other
increases could be offset with an electronic submittal surcharge or an increase in the amount of
the permit fees. No action is requested at this time; Staff will review the costs during the next
fee study and provide any recommendations for modifying the fees at that time.
RECOMMENDATION:
Staff recommends that the City Council waive the first reading and introduce an ORDINANCE
adding Chapter 7.96 (Streamlined Permitting Process for Small residential Rooftop Solar
Systems) to the Dublin Municipal Code and provide direction on permit subsidies.
Submitted By Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
Page 1 of 3 ITEM NO. 4.11
Government Code Section 65850.5 requires the City to adopt an ordinance creating an
expedited, streamlined permitting process for small residential rooftop solar energy systems.
Under the State requirement, small residential rooftop solar energy systems are defined as solar
energy systems that: (1) are no larger than 10 kilowatts alternating current in the case of
photovoltaic or "PW electric generating systems, or are no larger than 30 kilowatts thermal in
the case of water heating systems; (2) conform to all applicable state fire, structural, electrical
and other building codes adopted by the local authority; (3) are installed on a single-family or
duplex-family dwelling; and (4) do not exceed the maximum legal building height as defined by
the local authority.
The proposed ordinance is intended to satisfy that requirement. The ordinance codifies the
requirements of Section 65850.5(g)(1), such as accepting and approving applications
electronically, directing the City's Chief Building Official to develop a checklist of all
requirements with which small rooftop solar energy systems shall comply to be eligible for
expedited review, and authorizing the Chief Building Official to administratively approve such
applications.
The Building and Safety Division Staff already provides a process for expedited over-the-
counter reviews of applications for small residential rooftop solar systems. Currently, Applicants
may reference the Residential Photovoltaic Systems Plans Submittal Checklist, which is
available on the Building Division's website. Provided all the submitted information is complete,
Staff reviews the application and plans, and then issues the permit over-the-counter. The
process for Staff to review the application and plans, and either approve the application and
issue the permit or provide comments on the application, takes about 15 minutes. The City's
quick review process exceeds the timing requirements set by the State for expediting these
applications.
After the installation of the system is complete, a single, final inspection is scheduled to verify
the system has been installed according to the approved plans. The City already provides next
day inspection services. Contractors can also contact the inspector the morning of the
inspection to get an estimated time for the inspector's arrival. In fiscal year 2015, the City
processed 286 small residential solar system permits. Approximately 98% of these permits
were processed over-the-counter or on the same day.
Solar systems for heating water in residential applications are far less common (nor are they
particularly common in commercial and swimming pool applications). Over the last five fiscal
years, the City has only issued four permits for solar water systems for single-family residences,
all of which were reviewed and issued over-the-counter.
Once this ordinance is fully implemented, the City will offer three methods to submit a residential
solar permit application. Each method has a different processing time.
• Option 1: If the Applicant uses the City's current checklist, review and processing of the
permit application will remain over-the-counter.
• Option 2: If the Applicant uses the checklist and plans contained in the California Solar
Permitting Guidebook, the review will take one to three business days.
• Option 3: If the Applicant does not use either option 1 or 2, the review will go through the
normal plan check process, and review may take up to ten business days.
Page 2 of 3
State law also mandates that the City accept some form of electronic submission of small
residential rooftop solar permit applications. In order to satisfy this mandate, Staff is developing
a method that will allow for the acceptance and review of such applications through email. An
Applicant will be able to electronically transfer (via email) the permit application, plans and all
required documentation to the City for processing. The Applicant will be notified when the
permit is approved and will be notified how to pay for the permit. Staff is working on a process
that will allow for payment of the fees through our on-line portal.
Permit Costs:
Currently, the City subsidizes all residential solar system permits. In 2006, the City Council set
a maximum fee for solar permits at $250, without any adjustments. The approximate true cost
to the City for a Solar Photovoltaic Permit is $342. This set amount currently results in a
subsidy of$92 per permit. For Solar Pool Heating Permits, the City charges $100 while the true
cost is approximately $156. In Fiscal Year 2014/2015, the City issued 286 photovoltaic permits
and zero solar pool heating permits, for a total subsidy of $26,312. As part of the City Council's
direction on long term fiscal sustainability, Staff will be evaluating this subsidy, as well as other
subsidies provided for services and will make recommendations on which subsidies to
discontinue in the coming months.
The Building & Safety Division is currently providing expedited review and has a current
handout. Staff is working on the creation of the new checklists and plans required by the
guidebook. In addition, Staff is developing procedures for acceptance of electronic submittals of
permit application and related documents.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In advance of the City Council item, Staff held a Contractor roundtable meeting on June 29,
2015. Notices of that meeting were sent to the residential solar companies that have obtained
permits over the last 12 months. Two solar companies attended and provided positive input on
the current over the-counter-process. A notice of the meeting was mailed to the attendees of
the contractor roundtable.
ATTACHMENTS: 1. Ordinance of the City Council of the City of Dublin adding
Chapter 7.96 to the Dublin Municipal Code Adopting a
Streamlined Process for Small Residential Rooftop Solar
Systems
2. Copy of AB 2188 as Chaptered
Page 3 of 3
ORDINANCE NO. XX -15
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************
ADDING CHAPTER 7.96 TO THE DUBLIN MUNICIPAL CODE
TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCEDURE FOR SMALL
RESIDENTIAL ROOFTOP SOLAR SYSTEMS
WHEREAS, the City Council recognizes the importance of"green technology"; and,
WHEREAS, the City Council wishes to continue promoting green building and
alternative energy measures; and
WHEREAS, 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 such systems; and
WHEREAS, California Government Code section 65850.5 requires that, on or before
September 30, 2015, every city, county, or city and county shall adopt an ordinance that
creates an expedited, streamlined permitting process for small residential rooftop solar energy
systems.
WHEREAS, the City Council seeks to implement Government Code section 65850.5 by
creating an expedited, streamlined permitting process for small residential rooftop solar
energy systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 7.96, "Streamlined Permitting Process for Small Residential Rooftop
Solar Systems," is hereby added to the Dublin Municipal Code to read in its entirety as follows:
CHAPTER 7.96 STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS
7.96.010 Purpose
The purpose of the chapter is to provide an expedited, streamlined solar permitting process
that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, CA
Government Code Section 65850.5) in order to achieve timely and cost-effective installations
of small residential rooftop solar energy systems. This chapter allows the city to achieve these
goals while protecting the public health and safety.
7.96.020 Definitions
For the purpose of this Chapter, the following terms shall have the following definitions:
"Electronic submittal" means the utilization of e-mail or such other electronic submittal process
as approved by the Building Official.
"Reasonable restrictions on a solar energy system" means 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.
"Significantly increase the cost of the system or significantly decrease its efficiency of specified
performance" means:
A. For Water Heater Systems or Solar Swimming Pool Heating Systems: an increase in
the cost of the system as, originally proposed, exceeding the lesser of ten percent
(10%) or one thousand dollars ($1,000), or a decrease in the efficiency of the solar
energy system, as originally proposed, exceeding ten percent (10%).
B. For Photovoltaic Systems: an increase in the cost of the system as originally proposed
exceeding one thousand dollars ($1,000), or a decrease in the efficiency of the solar
energy system, as originally proposed, exceeding ten percent (10%).
"Small residential rooftop solar energy system" means a system that satisfies all of the
following requirements:
A. A solar energy system that is no larger than 10 kilowatts alternating current nameplate
rating or 30 kilowatts thermal.
B. A solar energy system that conforms to all applicable state fire, structural, electrical, and
other building codes as adopted or amended by the City, and all state and City health
and safety standards.
C. A solar energy system that is installed on a single or two family dwelling.
D. A solar panel or module array that does not exceed the maximum legal building height
as defined by the City.
Solar Energy System means either of the following:
A. 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.
B. 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.
7.96.030 Application
A. This chapter applies to the permitting of all small residential rooftop solar energy
systems in the City.
B. Small residential rooftop solar energy systems legally established or permitted prior to
the effective date of the ordinance codified in 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 shall not
require a permit.
7.96.040 Solar Energy System Requirements
A. All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the state and the City.
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 Mechanical Codes.
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.
7.96.050 Applications and Documents
A. All documents required for the submission of an expedited solar energy system
application shall be made available on the City website.
B. Electronic submittal of the required permit application and documents shall be made
available to all small residential rooftop solar energy system permit applicants.
C. The City's Building and Safety Division shall maintain a standard plan and checklist of
all requirements with which small residential rooftop solar energy systems shall comply
to be eligible for expedited review.
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
7.96.060 Applicant Verification
Prior to submitting an application, the applicant shall:
A. Verify to the applicant's reasonable satisfaction through the use of standard engineering
evaluation techniques that the support structure for the small residential rooftop 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
B. 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.
7.96.070 Permit Review and Inspection Requirements
A. The Building and Safety Division shall give an application for a small residential rooftop
solar energy system, meeting the requirements of the checklist, priority review.
B. An application that satisfies the information requirements in the checklist, as determined
by the Building Official, shall be deemed complete. Upon receipt of an incomplete
application, the Building Official shall issue a written correction notice detailing all
deficiencies in the application and any additional information required to be eligible for
expedited permit issuance.
C. When an applicant uses electronic submittal, the electronic signature of the applicant on
all forms, applications and other documentation may be used in lieu of a wet signature.
D. 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.
E. 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.
F. Upon confirmation by the Building Official of the application and supporting
documentation being complete and meeting the requirements of the checklist, the
Building Official shall administratively approve the application and issue all required
permits or authorizations. Such approval does not authorize an applicant to connect the
small residential rooftop energy system to the local utility provider's electricity grid. The
applicant is responsible for obtaining such approval or permission from the local utility
provider.
G. Only one inspection shall be required and performed by the Building and Safety Division
for small residential rooftop solar energy systems eligible for expedited review. Once an
applicant informs the Building and Safety Division that such a solar energy system has
been installed, the Building and Safety Division shall complete the inspection as soon
as practical.
H. If a small residential rooftop solar energy system fails the inspection, a reinspection fee
shall be charged and a subsequent inspection is authorized.
I. The inspection shall be done in a timely manner and shall include consolidated
inspections. However, a subsequent inspection, if required, need not conform to the
requirements of this subdivision.
SECTION 2. Savings Clause. All code provisions, ordinances, and parts of ordinances in
conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar
as they are substantially the same as existing code provisions relating to the same subject
matter shall be construed as restatements and continuations thereof and not as new
enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals
taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an
ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit,
action, or other proceedings, with respect to any such violations, right, liability or appeals.
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this
ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and regulations.
It is the City's express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 4. Effective date and posting of Ordinance. This ordinance shall take effect and be
in force thirty (30) days from and after the date of its passage. This ordinance shall be
published in accordance with the provisions of Government Code Section 36933.
PASSED, APPROVED AND ADOTPTED this day of , 20157 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
2457993.1