HomeMy WebLinkAboutOrdinance No. 2015-O10ORDINANCE NO. 2015-010
AN ORDINANCE OF THE CITY OF AZUSA ADDING SECTION 14-11 TO THE
AZUSA MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS.
WHEREAS, 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; and
WHEREAS, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 14-11 is added to the City of Azusa Municipal Code to read in full as follows
Section 14-11 "Permitting process for Small Residential Rooftop Solar Energy Systems.
A. The following words and phrases as used in this section are defined as follows:
"Electronic submittal" means the utilization of one or more of the following:
1. e-mail,
2, the internet,
3. facsimile.
"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 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 City.
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"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 predesignated from time to time.
"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.
B. 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 that creates an expedited, streamlined
permitting process for small residential rooftop solar energy systems.
C. The Building Official shall adopt an administrative, nondiscretionary expedited review process for
small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s).
The checklist(s) shall set forth all requirements with which small residential rooftop solar energy
systems must comply with to be eligible for expedited review. 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.
D. The checklist and all documents required for the submission of an expedited small residential rooftop
solar energy system application shall be published on the city's internet website. The applicant may
submit the permit application and associated documentation to the City's building division 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.
E. 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.
F. 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.
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G. Upon confirmation by the Building Official of the application and supporting documentation being
complete and meeting the requirements of the checklist, standard plan, this section and local, state, and
federal health and safety requirements, and unless the Building Official determines a use permit is
warranted, the Building Official and/or designated City staff shall administratively approve the
application and issue all required permits or authorizations within a reasonable period of time. 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.
H. The Building Official may require an applicant to apply for a use permit if the Building Officials
finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact
upon the public health and safety. Such decision may be appealed to the Planning Commission.
I. 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 installation 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 decision may be appealed to the Planning Commission.
1. Any condition imposed on an application shall be designed to mitigate the specific, adverse
impact upon health and safety at the lowest possible cost.
2. "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 does
not significantly increase the cost of the system or decrease its efficiency or specified
performance in excess of the following:
i. 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.
ii. 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.
J. The City shall not condition approval of an application on the approval of an association, as defined
in Section 4080 of the Civil Code.
K. For a small residential rooftop solar energy system eligible for expedited review, only one inspection
shall be required, which shall be done in a timely manner by the City of Azusa Building Division. 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 subsection.
SECTION 2. CEQA. The City Council hereby finds and determines that it can be see with certainty
that there is no possibility that this ordinance may have a significant adverse effect on the environment.
This ordinance does not result in any direct development of any parcel of land or direct physical changes
to the environment. Thus, the adoption of this ordinance is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3) of the CEQA
Guidelines.
SECTION 3. 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.
SECTION 4. Certification/Summary. The City Clerk shall certify the passage of this ordinance and
shall, with fifteen (15) days after the passage and adoption thereof, cause the same to be published as
required by law, in a local weekly newspaper of general circulation and which is hereby designated for
that purpose. Alternatively, the City Clerk may cause a summary of this Ordinance to be prepared and
published as provided by California Government Code Section 36933 ( c) (1). The summary shall be
published in a local weekly newspaper of general circulation and a certified copy of the full text of this
Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council
meeting at which this Ordinance is to be adopted. Within fifteen days (15) days after the adoption of this
Ordinance, the City Clerk shall cause a summary to be published in a local weekly newspaper of the
general circulation with the names of those City Council members voting for and against this Ordinance
and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with
the names of those City Council members voting for and against this Ordinance.
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after its passage or on
September 30, 2015, whichever is later.
PASSED, APPROVED and ADOPTED this 19`h day of October, 2015
Z
oseph Romero Rocha
Mayor
ATTEST -,--,'--.r`
qiOy L wrence Corn o, JrOr
Cityclerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2015-010, was duly introduced and
placed upon its first reading at a regular meeting of the Azusa City Council on the 21st day of
September, 2015 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of
the Azusa City Council on the 19th day of October, 2015 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
9fry rence Comej , Jr.
City Clerk
APPROVED AS TO FORM:
P
-- a
Best Bet & Krieger, VLP
City Attorney
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