HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 2.D.City Council Staff Report
DATE: October 7, 2015 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1885 PROVIDING
FOR AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL
RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65850.5
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1885.
RECOMMENDATION:
Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1885, "AN
ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 8.100
TO TITLE 8 OF THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR
ENERGY SYSTEMS."
STAFF ANALYSIS:
On September 2, 2015, Ordinance No. 1885 was introduced for first reading, as noted below:
ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and
2) Introduce on first reading Ordinance No. 1885, "AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADDING CHAPTER 8.100 TO TITLE 8 OF THE PALM SPRINGS
MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS." Motion
Councilmember Foat, seconded by Mayor Pro Tern Lewin and unanimously carried on a
roll call vote.
This report provides for the City Council to waive further reading and adopt the ordinance. The
ordinance shall be effective 30-days from adoption.
mes Thompson David H. Ready, E
City Clerk City Manager
/kdh
Attachments: Ordinance No. 1885
Item No. 2. D.
CITY OF PALM SPRINGS
NOTIFICATION
(a
City Council
Meeting Date: October 7, 2015
Subject: Ordinance No. 1885
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert Sun on
November 8, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
I
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary and Ordinance was posted at City
Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the
Office of the City Clerk on November 5, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
WOO&
Kathie Hart, MMC
Chief Deputy City Clerk
The Desert Sun
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578 / Fax 760-778-4731
State Of California as:
County of Riverside
Certificate of Publication
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0000849597
I am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper (set in type not smaller than non
pariel) in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit.
Newspaper. The Desert Sun
11/8/2015
I acknowledge that I am a principal clerk of the
printer of The Desert Sun, printed and
published weekly in the City of Palm Springs,
County of Riverside, State of California. The
Desert Sun was adjudicated a Newspaper of
general circulation on March 24, 1988 by the
Superior Court of the County of Riverside,
State of California Case No. 191236.
I declare under penalty of perjury that the
foregoing is true and correct. Executed on
this 8th day of NOVEMBER, 2015 in Palm
Springs, California-)
ecJarantt
' ad
:-r Y OPALM sp>
2015 HOY 16 AM 8: 55
J4MES THUr•ft—
,�J,,,
CITY CLERK
I, JAMES THOMPSON, City Clerk of
the City of Palm Springs, California.
do hereby certify that Ordh ence No.
1885 Is a full, true, and correct copy,
and was introduced at a regular
rnea[ir�g •of the Palm Springs Cary
Council on the 2nd of September,
2015, and adopted at a regular
meeting of the City Council held an
the 7th day of October, 2015, by the
following vote:
AYES: Councilmember Foat,
Councilmember Hutcheson, Mayor
Pro Tam Lewin, and Mayor Pougnet
NOES. None.
ABSENT: Coundimember Mills.
ABSTAIN: None.
JAMES THOMPSON, CnY;CIERK
Cky of Patin Springs. California
Published: 11/8/15
ORDINANCE NO. 1885
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 8,100 TO TITLE 8 OF
THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE AN
EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS
Citv Attornev Summary
This ordinance adopts an expedited, streamlined solar permitting process
that complies with AB 2188 (Chapter 521, Statutes 2014, California
Government Code Section 65850.5) to achieve timely and cost-effective
installations of small residential rooftop solar energy systems.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1885 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 2"d of
September, 2015, and adopted at a regular meeting of the City Council held on the 7th
day of October, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
r�
ES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1885
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 8.100 TO TITLE 8 OF
THE PALM SPRINGS MUNICIPAL CODE TO PROVIDE AN
EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS
Citv Attomev Summary
This ordinance adopts an expedited, streamlined solar permitting process
that complies with AB 2188 (Chapter 521, Statutes 2014, California
Government Code Section 65850.5) to achieve timely and cost-effective
installations of small residential rooftop solar energy systems.
The City Council of the City of Palm Springs ordains:
SECTION 1. Chapter 8.100 is hereby added to Title 8 of the Palm Springs
Municipal Code to read as follows:
Chapter 8.100
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS
8.100.010
Intent and purpose.
8.100.020
Definitions.
8.100.030
Applicability.
8.100.040
Solar energy system requirements.
8.100.050
Applications and documents.
8.100.060
Permit review and inspection requirements.
8.100.010 Intent and purpose.
The intent and purpose of this chapter is to adopt an expedited, streamlined solar
permitting process that complies with AB 2188 (Chapter 521, Statutes 2014, California
Government Code Section 65850.5) to achieve timely and cost-effective installations of
small residential rooftop solar energy systems. 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.
Ordinance No 1885
Page 2
8.100.020 Definitions.
For the purpose of carrying out the intent of this chapter, words, phrases, and
terms shall be deemed to have the meaning ascribed to them in the following sections
covering definitions:
"Building Department" means the Building and Safety Department of the City of
Palm Springs.
"Director" means the Building and Safety Director for the City of Palm Springs, or
the Building and Safety Director's designee.
"City" means the City of Palm Springs.
"Expedited permitting" and "expedited review" means the process outlined in
Section 8.100.060 Permit review and inspection requirements.
"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 similar permit.
"Small residential rooftop solar energy system" means all of the following:
1. A solar energy system that is not larger than 10 kilowatts
alternating current nameplate rating or 30 kilowatts thermal, and
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 Palm Springs and all State of California
health and safety standards, and
3. A solar energy system that is installed on a single or duplex family
dwelling, and
4. A solar panel or module array that does not exceed the maximum
legal building height as defined by the City of Palm Springs.
"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.
"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.
8.100.030 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
Ordinance No. 1885
Page 3
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.
8.100.040 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.
8.100.050 Applications and documents.
A. All documents required for the submission of a small residential rooftop solar
energy system application shall be made available on the City website.
B. The Building Department shall develop and implement a checklist of all
requirements with which small residential rooftop solar energy systems shall comply
with to be eligible for expedited review. The checklist shall substantially conform to 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.
C. All fees prescribed for the permitting of small residential rooftop solar energy
systems must comply with California Government Code Sections 65850.55 and 66015
and California Health & Safety Code Section 17951.
8.100.060 Permit review and inspection requirements.
The Building Department shall implement the following administrative, nondiscretionary
review process to expedite the approval of small residential rooftop solar energy system
applications:
A. Review of an application for a small residential rooftop solar energy system shall
be limited to the Director's review of whether the applicant meets local, state and federal
code requirements.
Ordinance No. 1885
Page 4
B. For an application for a small residential rooftop solar energy system that meets
the requirements of the City's checklist, the Building Department shall issue a building
permit or other non -discretionary permit or authorization within three (3) business days.
C. If an application for a small residential rooftop solar energy system 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
permitting shall be sent to the applicant for resubmission.
D. The Director may require an applicant to apply for a use permit if the Director
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 the Planning Commission pursuant to the appeals process specified in
Section 8.04.340(b) of this Code.
E. The Director may not deny an application for the use permit unless the Director
makes written findings based upon substantial 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 the specific, adverse
impact. Such decisions may be appealed to the Planning Commission pursuant to the
appeals process specified in Section 8.04.340(b) of this Code.
F. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
G. Approval of an application shall not be conditioned upon the approval of an
association, as defined in Section 4080 of the California Civil Code.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or a summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 7TH DAY OF OCTOBER, 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
Ordinance No. 1885
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1885 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 2nd of
September, 2015, and adopted at a regular meeting of the City Council held on the 7�h
day of October, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tem Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1885
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 8.100 TO TITLE 8 OF THE
PALM SPRINGS MUNICIPAL CODE TO PROVIDE AN
EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS
CftvAttornev Summary
This ordinance adopts an expedited, streamlined solar
permitting process that complies with AB 2188 (Chapter 521,
Statutes 2014, California Government Code Section 65850.5)
to achieve timely and cost-effective installations of small
residential rooftop solar energy systems.
The City Council of the City of Palm Springs ordains:
SECTION 1. Chapter 8.100 is hereby added to Title 8 of the Palm Springs
Municipal Code to read as follows:
Chapter 8.100
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS
8.100.010 Intent and purpose.
8.100.020 Definitions.
8.100.030 Applicability.
8.100.040 Solar energy system requirements.
8.100.050 Applications and documents.
8.100.060 Permit review and inspection requirements.
8.100.010 Intent and purpose.
The intent and purpose of this chapter is to adopt an expedited, streamlined solar
permitting process that complies with AB 2188 (Chapter 521, Statutes 2014, California
Government Code Section 65850.5) to achieve timely and cost-effective installations of
small residential rooftop solar energy systems. 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.
02
Ordinance No. 1885
Page 2
8.100.020 Definitions.
For the purpose of carrying out the intent of this chapter, words, phrases, and terms
shall be deemed to have the meaning ascribed to them in the following sections covering
definitions.
"Building Department" means the Building and Safety Department of the City of
Palm Springs.
"Director" means the Building and Safety Director for the City of Palm Springs, or
the Building and Safety Director's designee.
"City" means the City of Palm Springs.
"Expedited permitting" and "expedited review" means the process outlined in
Section 8.100.060 Permit review and inspection requirements.
"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 similar permit.
"Small residential rooftop solar energy system" means all of the following:
1. A solar energy system that is not larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal, and
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 Palm Springs and all State of California health and
safety standards, and
3. A solar energy system that is installed on a single or duplex family
dwelling, and
4. A solar panel or module array that does not exceed the maximum
legal building height as defined by the City of Palm Springs.
"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.
"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.
8.100.030 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
C3
Ordinance No. 1885
Page 3
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.
8.100.040 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.
8.100.050 Applications and documents.
A. All documents required forthe submission of a small residential rooftop solar energy
system application shall be made available on the City website.
B. The Building Department shall develop and implement a checklist of all
requirements with which small residential rooftop solar energy systems shall complywith to
be eligible for expedited review. The checklist shall substantially conform to 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.
C. All fees prescribed for the permitting of small residential rooftop solar energy
systems must comply with California Government Code Sections 65850.55 and 66015 and
California Health & Safety Code Section 17951.
8.100.060 Permit review and inspection requirements.
The Building Department shall implement the following administrative, nondiscretionary
review process to expedite the approval of small residential rooftop solar energy system
applications:
A. Review of an application for a small residential rooftop solar energy system shall be
limited to the Director's review of whether the applicant meets local, state and federal code
requirements.
M
Ordinance No. 1885
Page 4
B. For an application for a small residential rooftop solar energy system that meets the
requirements of the City's checklist, the Building Department shall issue a building permit
or other non -discretionary permit or authorization within three (3) business days.
C. If an application for a small residential rooftop solar energy system 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 permitting
shall be sent to the applicant for resubmission.
D. The Director may require an applicant to apply for a use permit if the Director 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 the Planning
Commission pursuant to the appeals process specified in Section 8.04.340(b) of this Code.
E. The Director may not deny an application for the use permit unless the Director
makes written findings based upon substantial 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 the specific, adverse impact. Such
decisions may be appealed to the Planning Commission pursuant to the appeals process
specified in Section 8.04.340(b) of this Code.
F. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
G. Approval of an application shall not be conditioned upon the approval of an
association, as defined in Section 4080 of the California Civil Code.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or a summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take effect
thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS DAY OF 2015.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
05
Ordinance No. 1885
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LAGUNA HILLS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1885 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on the September 2, 2015, and adopted
at a regular meeting of the City Council held on the October 7, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
06