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HomeMy WebLinkAboutOrdinance #4067 ORDINANCE NO 4011 i AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 17.61 TO THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS The City Council of the City of Huntington Beach does hereby ordain as follows: WHEREAS, California Government Code Section 65850.5(a)provides that it is the policy of the State 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(g)(1)provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of Section 65850.5(a), that creates an expedited permitting process for small residential rooftop solar energy systems. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 17.61 is hereby added to the Huntington Beach Municipal Code to read as follows: Section 17.61.010. Intent and purpose. The intent and purpose of this Chapter is to adopt an expedited permitting process for small residential rooftop solar energy systems that complies with California Government Code Section 65850(g) This Chapter is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems This Chapter allows the City to achieve these goals while protecting the public health and safety. Section 17.61.020. Definitions. (a) "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 City and California Civil Code Section 714(c)(3), as such section or subdivision may be amended, renumbered, or redesignated from time to time. 1 15-4725/123033 doc Ord . 4067 (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 set by Section 210.06 of the City Zoning Code. (b) "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, space cooling or water heating Section 17.61.030. Applicability. This Chapter applies to the permitting of all small residential rooftop solar energy systems in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Chapter are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements with no structural alterations shall not require a permit. Section 17.61.040. Solar energy system requirements. (a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California. (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 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. 2 154725/123033 doc Ord . 4067 Section 17.61.050 Duties of Department of Planning and Building and Building Official. (a) The Building Official shall implement an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications. The process shall incorporate the use of standard plans and a checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklists and standards contained in the most current version of the California Solar Permitting Guidebook as adopted by the Governor's Office of Planning and Research, and as specified by Government Code Section 65850.5(g)(2). (b) All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the City website. Section 17.61.060. Expedited permit review and inspection requirements. (a) The Building Official shall review an application for a small residential rooftop solar energy system to determine whether it complies with the standard plans and checklist that the Building Official adopted pursuant to Section 17.61.050. If the Building Official deems any application incomplete, he or she shall issue a written correction notice detailing the deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (b) If the Building Official determines a small residential rooftop solar energy system application is complete and meets the requirements of the standard plans and checklist, he or she shall administratively approve it and issue all required permits for its installation (c) The Building Official shall perform only one inspection for a small residential rooftop solar energy system eligible for expedited review. The inspection shall be done in a timely manner and may include consolidated inspections. (d) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Chapter. (e) The Building Official shall review each application for a small residential rooftop solar energy system to determine whether it will have a specific, adverse impact upon the public health or safety. The Building Official may impose mitigation conditions on an application to mitigate any specific, adverse impacts upon the public health or safety. When imposing mitigation conditions, the Building Official shall consider any cost- effective method, condition, or mitigation measure the City previously imposed on another similarly situated successful prior application. The Building Official shall use his or her best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d) (1) (A) and (B). The Building Official may 3 154725/123033 doe Ord . 4067 deny the application if he or she determines that the specific, adverse impacts cannot be mitigated (f) The Building Official shall support his or her determination of specific, adverse impacts upon the public health or safety through written findings based upon objective, identified and written public health or safety standards, policies or conditions in existence on the date the application was deemed complete. (g) The decision of the Building Official to condition or deny the application based upon specific, adverse impacts upon the public health or safety may be appealed to the Director of Planning and Building. (h) The City building permit 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 from the local utility provider. SECTION 2. Electronic Submittal. Although Government Code Section 65850 5(g) (2) requires that cities allow for electronic submittal of solar panel permit applications, the City's current operating system is unable to accept electronic permit applications and plans. The City will add the feature to its web site when the Building Official determines that the City is able to accept electronic solar panel permit applications and plans. SECTION 3. Fire Department. The City has determined that the City Fire Department does not need to approve or inspect applications to install small residential rooftop solar energy systems. SECTION 4 Severability If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council hereby declares that it would have passed this Ordinance and each section, subsection,phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional 4 15-4725/123033 doc Ord . 4067 SECTION 5. Effective Date This ordinance shall take effect thirty (30) days after passage thereof PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17 t hday of August , 2015. a ATTEST: APPROVED AST ORM: City Clerk City Attorney REVIEW APPROVED. INITIATED AND APPROVED: ty 41 ger Director if Planning and Building I 5 15-4725/123033 doc Ord. No. 4067 STATE OF CALIFORNIA ) 4 COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on AUGUST 3,2015, and was again read to said City Council at a Regular meeting thereof held on AUGUST 17,2015, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None L Joan L Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on August 27,2015 In accordance with the City Charter of said City ° Joan LL Flynn, Qijy Clerk CI Jerk and ex-officlo Jerk " *4— City Clerk of the City Council of the City of Huntington Beach, California