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
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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:
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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
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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:
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