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HomeMy WebLinkAboutOrd 1920ORDINANCE NO. 1920 AN ORDINANCE OF THE CITY OF BURLINGAIV] E AMENDING TITLE 18 OF THE MUNICIPAL CODE OF THE CITY OF BURLINGAME TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS The City Council of the City of Burlingame hereby ordains as follows: Division 1. Background: WHEREAS, the City of Burlingame seeks to implement AB 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems, and WHEREAS, the City of Burlingame wishes to advance the use of solar energy by all of is citizens, businesses, and industries; and WHEREAS, the City of Burlingame seeks to meet the climate action goals set by the City of Burlingame and the State; and WHEREAS, solar energy creates local jobs and economic opportunity; and WHEREAS, the City of Burlingame recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and WHEREAS, it is in the interest of the health, welfare, and safety of the people of the City of Burlingame to provide an expedited permitting process to assure the effective deployment of solar technology. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Division 2. The Burlingame Municipal Code Chapter 18 is amended by the addition of the following Section: ORDINANCE NO. 1920 Chapter 18.07 UNIFORM ADMINISTRATIVE CODE 18.07 Section 130 added —Streamlined permitting process for small residential rooftop solar systems Section 130 of the 1997 Uniform Administrative Code is added to read as follows: 130 Streamlined permitting process for small rooftop solar system installations. Purpose. The purpose of the Ordinance is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Burlingame, and expanding the ability of property owners to install solar energy systems. The Ordinance allows the City of Burlingame to achieve these goals while protecting the public health and safety. Definitions. A. 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. 8. 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. by the City of 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 of 2 ORDINANCE NO. 1920 Burlingame, and all state and City of Burlingame health and safety standards ncluding paragraph (3) of subdivision (c) of Section 714 of the Civil Code, 3. A solar energy system that is installed on asingle-family or duplex family dwelling. 4. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Burlingame C. Electronic submittal means the utilization of one or more of the following: 1. Email; or 2. The Internet D. Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. E. Common interest development means any of the following: 1. A community apartment project; or 2. A condominium project; or 3. A planned development; or 4. A stock cooperative F. 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. G. 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. H. Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance means: 3 ORDINANCE NO. 1920 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. Applicability. This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the City of Burlingame. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Ordinance are not subject to the requirements of this Ordinance 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. Solar energy system requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Burlingame and the Central County Fire Department. 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 Code and California Mechanical Code. 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. Submittal requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City of Burlingame website. Electronic submittal of the required permit application and associated documents for small, residential rooftop solar energy system permits shall be by email, or the Internet. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours. C! ORDINANCE NO, 1920 An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature. systems must The City of Burlingame shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plans, and the checklist 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. 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. Plan review, permit, and inspection requirements. The Building Division shall provide an administrative, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of this Ordinance. The Building Division shall process, review, and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property, and shall not be willfully avoided or delayed. 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. If an application for the installation of a solar system is not denied in writing within 45 days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information. The City of Burlingame Planning Division may require an applicant to apply for a use permit if the Planning Division 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 City of Burlingame Planning Commission. Review of the permit application shall be limited to the Building Division's review of whether the application meets local, state, and federal health and safety requirements. If a use permit is required, the building official may deny an application for the use permit if the building official makes written findings based upon substantive evidence in the record that the proposed 5 ORDINANCE NO. 1920 nstallation 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 City of Burlingame Planning Commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but s not limited to, any cost-effective method, condition, or mitigation imposed by the City of Burlingame on another similarly situated application in a prior successful application for a permit. The City of Burlingame 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 ncrease the cost of the system or decrease its efficiency or specified performance. The City of Burlingame shall not condition approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code. law and shall become effective Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code requirements then an additional, follow-up inspection shall be required. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized and required but need not conform to the requirements of this Ordinance. A separate fire inspection may be performed by the Central County Fire Department, if required. The inspection shall be done within three business days and may include consolidated inspections. Division 3. This ordinance, or a summary as applicable, shall be published as required by law and shall become effective 30 days thereafter. Terry N gel, Mayor ORDINANCE NO. 1920 I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 17" day of August, 2015, and adopted thereafter at a regular meeting of the City Council held on the 8th day of September, 2015, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT COUNCILMEMBERS: COUNCILMEMBERS: 7