HomeMy WebLinkAbout2015-10-19 Ordinance 5353DocuSign Envelope ID: A61 D3A20-37E7-4688-A512-7DCABDAOD4AO
Ordinance No. 5353
An Ordinance of the City of Palo Alto Adding Section 16.63 to the
Municipal Code Relating to Expedited Permitting Procedures for
Small Residential Rooftop Solar Systems
RECITALS
1. Subsection (a) of Section 65850.5 of the California Government Code 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.
2. Subdivision (g)(1) of Section 65850.5 of the California Government Code 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 subdivision (a) of Section 65850.5, that
creates an expedited, streamlined permitting process for small residential rooftop solar energy
systems.
3. Section 65850.5 of the California Government Code provides that in developing an
expedited permitting process, the City shall adopt an eligibility checklist of all requirements and
a standard plan with which small rooftop solar energy systems shall comply to be eligible for
expedited review.
4. The City of Palo Alto wishes to advance the use of solar energy by all of its citizens,
businesses, and industries.
5. The City of Palo Alto seeks to meet the climate action goals set by the City of Palo
Alto and the State.
6. Solar energy creates local jobs and economic opportunity.
7. The City of Palo Alto recognizes that rooftop solar energy provides reliable energy
and pricing for its residents and businesses.
8. It is in the interest of the health, welfare, and safety of the people of the City of
Palo Alto to provide an expedited permitting process to assure the effective deployment of
solar technology.
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The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.63 of the Palo Alto Municipal Code is hereby created to read as
follows:
16.63.010 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 Palo Alto, and expanding the ability of property
owners to install solar energy systems. The Ordinance allows the City of Palo Alto to achieve
these goals while protecting the public health and safety.
16.63.020 Application.
This chapter shall apply to small residential rooftop solar energy systems including, but not
limited to, all additions, alterations, modifications, repairs, and improvements that require a
building permit.
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.
16.63.030 Definitions
The words and phrases in this ordinance are defined as provided in California Civil Code section
714 and Government Code section 65850.5, except that the following words and phrases as
used in this section are defined as follows:
(a) "Association" means a nonprofit corporation or unincorporated association created for
the purpose of managing a common interest development.
(b) "Common Interest Development" means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
(c) "Electronic submittal" means the utilization of one or more of the following:
1. E-mail,
2. The Internet,
3. Facsimile.
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(d) "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 kilowatt-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
paragraph (iii} of subdivision (c) of Section 714 of the Civil Code, as such section
or subdivision may be amended, renumbered, or redesignated from time to
time.
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 authority having jurisdiction.
(e) "Solar energy system" has the same meaning set forth in paragraphs (1} and (2} of
subdivision (a} of Section 801.5 of the Civil Code, as such section or subdivision may be
amended, renumbered, or redesignated from time to time.
(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. As provided in Civil Code section 714,
subdivision (d}(1}, reasonable restrictions may include, but are not limited to:
1. 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.
16.63.040 Solar Energy System Requirements.
All solar energy systems shall meet applicable health and safety standards and requirements
imposed by the State of California and the City of Palo Alto Development Services, City of Palo
Alto Fire Department and City of Palo Alto Utilities 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 and Mechanical Code.
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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.
Prior to submitting an application, the applicant shall:
1. 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
2. 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.
16.63.050 Duties of Development Services and Building Official.
The building official shall develop and adopt an eligibility checklist and standard plan. All
documents required for the submission of an expedited solar energy system application shall be
made available on the publicly accessible City of Palo Alto Website.
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.
The applicant may submit the permit application and associated documentation to the City's
Development Services by personal, mailed, or electronic submittal together with any required
permit processing and inspection fees.
In the case of electronic submittal, the electronic signature of the applicant on all forms,
applications and other documentation may be used in lieu of a wet signature.
16.63.060 Plan Review and Inspection Requirements.
An application that satisfies the information requirements in the eligibility checklist and
standard plan, 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.
The building official may require an applicant to apply for a use permit if the official makes
written findings, based on substantial evidence, that the solar energy system could have a
specific, adverse impact upon the public health and safety. The building official's findings may
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be appealed to the Planning and Transportation Commission under section 18.78.030 of this
Code .
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
is not limited to, any cost-effective method, condition, or mitigation imposed by the City on
another similarly situated application in a prior successful application for a permit. The City
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
California Civil Code defining restrictions that do not significantly increase the cost of the
system or decrease its efficiency or specified performance.
The City shall not condition the approval of an application on the approval of an association, as
defined in Section 4080 of the California Civil Code.
Issuance of the permit does not authorize an applicant to connect the small residential rooftop
energy system to City of Palo Alto Utilities' electricity grid. The applicant is responsible for
obtaining such approval or permission from City of Palo Alto Utilities before requesting a
building inspection.
For a small residential rooftop solar energy system eligible for expedited review, only one
consolidated inspection shall be required, which shall be done in a timely manner. This
inspection shall encompass all applicable local, state, and federal health and safety regulations
including fire department regulations. If a small residential rooftop solar energy system fails
inspection, a subsequent inspection is authorized; however the subsequent inspection need not
conform to the requirements of this section.
SECTION 2. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 3. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant negative effect on the environment.
SECTION 4. This ordinance shall be effective on the thirty-first day after the date of its
adoption.
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SECTION 5. This ordinance shall be published in accordance with the provisions of
Government Code Section 36933.
INTRODUCED: September 28, 2015
PASSED: October 19, 2015
AYES : BERMAN, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT: BURT
ABSTENTIONS:
ATIEST:
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City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
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QDocuSign.ed by:
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Deputy City Attorney City Manager
Director of Development Services
"DocuSigned by:
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Director of Administrative Services
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Certificate Of Completion
Envelope Number: A61 D3A2037E7 4688A5127DCABDAOD4AO
Subject: Please DocuSign this document: ORO 5353 AB 2188.pdf
Source Envelope:
Document Pages: 6
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Record Tracking
Status: Original
10/22/2015 8:34:20 AM PT
Signer Events
AlbertS Yang
Albert.Yang@CityofPaloAito.org
Senior Deputy City Attorney
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
10:
Lalo Perez
Lalo.Perez@CityofPaloAito.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
10:
Peter Pirnejad
Peter.Pirnejad@CityofPaloAito.org
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered
10:
James Keene
jarnes.keene@cityofpaloalto.org
City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 4/14/2015 5:40:07 PM PT
I D: 44 fe333a-6a81-4cb 7 -b 7 d4-9254 73ac82e3
In Person Signer Events
Editor Delivery Events
Signatures: 4
Initials: 0
Holder: Kim Lunt
kimberly.lunt@cityofpaloalto.org
Signature
Using IP Address: 45.37.102.216
GOocuSignod by:
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B2ADF35ED7C5496 ...
Using IP Address: 162.232.168.58
Signed using mobile
Using IP Address: 199.33.32.254
0 DocuSigned by:
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Using IP Address: 199.33.32.254
Signature
Status
Docu~.
ll ucuittD
Status: Completed
Envelope Originator:
Kim Lunt
250 Hamilton Ave
Palo Alto , CA 94301
kimberly.lunt@cityofpaloalto.org
IP Address: 199.33.32.254
Location: DocuSign
Timestamp
Sent: 10/22/2015 8:39:55 AM PT
Viewed: 10/22/2015 4:02:22 PM PT
Signed: 10/22/2015 4:02:38 PM PT
Sent: 10/22/2015 4:02:40 PM PT
Viewed: 10/23/2015 6:47:24 AM PT
Signed: 10/23/2015 6:48:02 AM PT
Sent: 10/23/2015 6:48:04 AM PT
Viewed: 10/27/2015 9:51 :47 AM PT
Signed: 10/27/2015 9:52:24 AM PT
Sent: 10/27/2015 9:52:25 AM PT
Viewed: 11/13/2015 2:20:18 PM PT
Signed: 11/13/2015 2:20:34 PM PT
Timestamp
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