PC RES 2015-014 P.C. RESOLUTION NO. 2015-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING SECTION 15.04.070 OF
CHAPTER 15.04 OF TITLE 15 OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO PROVIDE AN
EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS AND AMENDING SECTION 17.83.050 OF
CHAPTER 17.83 OF ARTICLE VII OF TITLE 17 RELATING
TO APPLICATION PROCEDURES FOR RENEWABLE
ENERGY SYSTEMS
WHEREAS, Sections 15.04.070 and 17.83.050 of the Rancho Palos Verdes
Municipal Code (the "Municipal Code") set forth various procedures and regulations
regarding solar energy systems; and,
WHEREAS, Assembly Bill 2188 (Chapter 521, Statutes 201), signed into law by
the Governor on September 21, 2014, amended certain provisions of Government Code
Section 65850.5 by creating an expedited, streamlined permitting process for small
residential rooftop solar energy systems; and
WHEREAS, Government Code Section 65850.5(g)(1) stipulates 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), that creates an expedited,
streamlined permitting process for small residential rooftop solar energy systems;" and
WHEREAS, the statutory amendments made by Assembly Bill 2188 necessitate
amendments to the City of Rancho Palos Verdes' existing procedures and regulations for
renewable energy systems set forth in Sections 15.04.070 and 17.83.050 of the Municipal
Code; and,
WHEREAS, the Planning Commission hereby finds, in the exercise of its
independent judgment and analysis, that the proposed Municipal Code amendments are
exempt from the California Environmental Quality Act ("CEQA") pursuant to Public
Resources Code Section 21080.35 because they provide for the installation of solar
energy systems on the roofs of existing buildings. Additionally, the proposed Municipal
Code amendments are exempt from environmental review per CEQA Guidelines under
the General Rule (Section 15061(b)(3)) because this Ordinance involves updates and
revisions to existing administrative building permit regulations consistent with California
law, specifically Government Code section 65850.5 and Civil Code section 714. It can
be seen with certainty that the proposed Municipal Code amendments will have no
significant negative effect on the environment because the expedited processing of small
residential rooftop renewable energy systems will enable these energy systems to be
installed more quickly which will benefit the environment by reducing carbon emissions.
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WHEREAS, on July 23, 2015, notice of a public hearing on the proposed
amendments to Sections 15.04.070 and 17.83.050 the Municipal Code was published in
the Palos Verdes Peninsula News; and,
WHEREAS, after notice issued pursuant to the provisions of the Municipal Code,
the Planning Commission conducted a public hearing on August 11, 2015, at which time
all interested parties were given an opportunity to be heard and present evidence
regarding said amendments to Sections 15.04.070 and 17.83.050 of the Municipal Code
as set forth in the Planning Commission Staff Report of that date; and,
WHEREAS, the Planning Commission has reviewed and considered the
proposed code amendments to Sections 15.04.070 and 17.83.050 the Municipal Code.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the
amendments to Section 15.04.070 (Renewable Energy Systems) of Chapter 15.04
(Building Code) of Title 15 (Buildings and Construction) and Section 17.83.050
(Application procedures for renewable energy systems (photovoltaic and solar water
heating)) of Chapter 17.83 (Green Building Construction) of Article VII (Development
Application and Review) of Title 17 (Zoning) of the City's Municipal Code, as presented
and contained in the draft Ordinance, attached hereto as Exhibit "A" and made a part
hereof.
Section 2: The Planning Commission finds that the amendments to Sections
15.04.070 and 17.83.050 of the Municipal Code are consistent with California
Government Code Section 65853, zoning amendment procedures.
Section 3: The Planning Commission finds that the amendments to Sections
15.04.070 and 17.83.050 of the Municipal Code are consistent with the Rancho Palos
Verdes General Plan in that they uphold, and do not hinder, the goals and policies of
those plans.
Section 4: The Planning Commission finds that the amendments to Sections
15.04.070 and 17.83.050 of the Municipal Code conform to Assembly Bill 2188 and State
law.
Section 5: The Planning Commission finds that the amendments to Sections
15.04.070 and 17.83.050 of the Municipal Code are substantially the same as previous
provisions of the Municipal Code or any other ordinance repealed, amended or
superseded upon the enactment of this ordinance and that the amendments to Sections
15.04.070 and 17.83.050 of the Municipal Code shall be construed as a restatement and
continuation of the previous provisions and as new enactment.
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Section 6: The Planning Commission finds that the amendments to Sections
15.04.070 and 17.83.050 of the Municipal Code are necessary to preserve the public
health, safety, and general welfare in the area.
Section 7: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance, entitled, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 15.04.070 OF
CHAPTER 15.04 OF TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS AND AMENDING
SECTION 17.83.050 OF CHAPTER 17.83 OF ARTICLE VII OF TITLE 17 OF THE
RANCH PALOS VERDES MUNICIPAL CODE RELATING TO APPLICATION
PROCEDURES FOR RENEWABLE ENERGY SYSTEMS" in the form attached to this
resolution as Exhibit "A".
PASSED, APPROVED, AND ADOPTED this 11th day of August, 2015, by the following
vote:
AYES: Commissioners Cruikshank, Emenhiser, Gerstner, Leon, Vice Chair Tomblin,
and Chairman Nelson
NOES: None
ABSTENTION: None
ABSENT: Commissioner James
&611-1-1( -
Robert Nelson,
Chairman
isitill&
Joel R. as, Al ' i
Com nit Develop ent Director; and,
Secret: of the Planning Commission
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EXHIBIT "A"
DRAFT ORDINANCE NO. _
Please see attached.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTION 15.04.070 OF CHAPTER 15.04
OF TITLE 15 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO
PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
AND AMENDING SECTION 17.83.050 OF CHAPTER 17.83 OF ARTICLE
VII OF TITLE 17 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
RELATING TO APPLICATION PROCEDURES FOR RENEWABLE
ENERGY SYSTEMS
WHEREAS, Assembly Bill 2188 (Chapter 521, Statutes 201), signed into law by
the Governor on September 21, 2014, amended certain provisions of Government Code
Section 65850.5 by creating an expedited, streamlined permitting process for small
residential rooftop solar energy systems; and,
WHEREAS, Government Code Section 65850.5(g)(1) stipulates 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), that creates an expedited,
streamlined permitting process for small residential rooftop solar energy systems"; and,
WHEREAS, the statutory amendments made by Assembly Bill 2188 necessitate
amendments to the City of Rancho Palos Verdes' existing procedures and regulations for
renewable energy systems set forth in Sections 15.04.070 and 17.83.050; and,
WHEREAS, on August 11, 2015, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Municipal Code, the Planning Commission conducted a public
hearing at which time all interested parties were given an opportunity to be heard and
present evidence regarding said amendments Municipal Code Sections 15.04.070 and
17.83.050 as set forth in the Planning Commission Staff Report of that date; and,
WHEREAS, the Planning Commission reviewed and considered the proposed
code amendments to Municipal Code Sections 15.04.070 and 17.83.050, and adopted
P.C. Resolution No. 2015-14, recommending that the City Council adopt this Ordinance;
and,
WHEREAS, on August 1, 2015, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Municipal Code, the City Council of the City of Rancho Palos
Verdes conducted and concluded a duly noticed public hearing concerning the Municipal
Code amendments contained herein as required by law, and received testimony from City
staff and all interested parties regarding the proposed amendments; and,
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WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred;
and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The facts set forth in the Recitals are true and correct.
Section 2. The City Council hereby finds, in the exercise of its independent judgment
and analysis, that this Ordinance is exempt from the California Environmental Quality Act
("CEQA") pursuant to Public Resources Code Section 21080.35 because it provides for
the installation of solar energy systems on the roofs of existing buildings. Additionally,
this Ordinance is exempt from environmental review per CEQA Guidelines under the
General Rule (Section 15061(b)(3)) because this Ordinance involves updates and
revisions to existing administrative building permit regulations consistent with California
law, specifically Government Code Section 65850.5 and Civil Code Section 714. It can
be seen with certainty that the proposed Municipal Code text amendments will have no
significant negative effect on the environment because the expedited processing of small
residential rooftop renewable energy systems will enable these energy systems to be
installed more quickly which will benefit the environment by reducing carbon emissions.
Section 3. Section 15.04.070 (Renewable Energy Systems) of Chapter 15.04 (Building
Code) of Title 15 (Buildings and Construction) of the Rancho Palos Verdes Municipal
Code is hereby amended to read as follows (proposed deletions ; proposed
additions underlined) :
A. Notwithstanding the provisions of Section 15.04.010 (Building Code Adopted) of
this chapter, new homes and major remodels, whereby more than 50 percent of
the existing interior and/or exterior walls are removed, shall provide a roof layout
plan that illustrates how future installation of a photovoltaic system and/or solar
water heating system could be accommodated. The property owner shall only be
required to provide for the installation of one system. The following requirements
for each system are as follows:
1. Photovoltaic Systems. Installation of conduit leading from an exterior south-
facing, east-facing or west-facing roof, where a minimum of four hours of
direct sunlight is achieved, to a stubbed junction box next to the electrical
panel. All exposed conduit shall be capped and provided with adequate
flashing. The conduit shall not be located on or in the direction of a north-
facing roof. Roof reinforcements shall be addressed at the time of
installation.
2. Solar Water Heating System. Installation of three-fourths inch hot and cold
copper water pipes from a south-facing, east-facing or west-facing roof,
where a minimum of four hours of direct sunlight can be achieved, to an
existing water heater/tank. Both ends of the three-fourths inch copper pipes
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shall be stubbed out and shall not be located on or in the direction of a north-
facing roof. All exposed pipes shall be capped and provided with adequate
flashing. Roof reinforcements shall be addressed at the time of installation.
3. This paragraph A does not apply to any structure that falls under the
definition of covered occupancies under California Energy Code Section
110.10(a) (Mandatory Requirements for Solar Ready Buildings).
B. This section provides standards and expedited procedures for permitting small
residential rooftop solar energy systems within all zoning districts.
1. A small residential rooftop renewable energy system is defined as:
a. A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal;
b. A solar energy system that conforms to all applicable state and
county fire, structural, electrical, and other building codes as adopted
or amended by the City and Civil Code Section 714(c)(3);
c. A solar energy system that is installed on a single or duplex family
dwelling; and
d. A solar panel or module array that does not exceed the maximum
legal building height as defined by the City.
2. Roof-mounted Renewable Energy Systems
a. Any roof-mounted renewable energy systems may be installed after
the applicable building permits have been obtained from the City,
provided the system does not exceed the maximum building height, as
no discretionary zoning approval is necessary.
b. A building permit application for any roof mounted renewable energy
systems shall be limited to the City's Building Official's review of
whether the application meets all applicable health and safety
requirements of local, state or federal law.
c. The City shall adopt standard plan(s) and checklists) of all
requirements with which applications for roof-mounted renewable
energy systems shall comply with in order for the building permit to be
issued. The standard plan(s) and checklist(s) shall substantially
conform to recommendations for expedited permitting, including the
checklists and standard plans contained in the most current version of
the California Solar Permitting Guidebook adopted by the Governor's
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Office of Planning and Research. The Building Official, or his or her
designee, shall prepare the standard plan(s) and checklist(s) in
accordance with Government Code section 65850(g)(2). The Building
Official, or his or her designee, may amend and update the standard
plan(s) and checklist(s) as needed for consistency with state law or to
protect the public health and safety.
d. All documents required for the submission of a small residential rooftop
solar energy system permit application, the standard plan(s), and
checklist(s) shall be made available on the publicly accessible City
website. Electronic submittal of the required permit application and
documents by email, or the internet, shall be available to all small
residential rooftop solar energy permit applicants. An applicant's
electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signature.
e. An application that satisfies the information requirements in the
checklist(s) and standard plan(s) shall be deemed complete. 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.
f. The Building Official shall issue a building permit for any complete
application as follows: the same day for over-the-counter applications,
within 3 business days for electronic applications, or as soon thereafter
as may be practicable. Review of the application shall be limited to the
Building Official's review of whether the application meets local, state,
and federal health and safety requirements. 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. Inspection requests may be submitted by email or the Internet. The
inspection, conducted by the City, shall be done in a timely manner.
The Building Official shall use his or her best efforts to schedule an
inspection within one (1) day of a request and provide a two-hour
inspection window. If a small residential rooftop solar energy system
fails inspection, a subsequent inspection is authorized but need not
conform to the requirements of this paragraph g.
h. Fees. Fees for permits and inspections associated with this Chapter
shall be established by resolution of the City Council."
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Section 4. Section 17.83.050 (Application procedures for renewable energy systems
(photovoltaic and solar water heating)) of Chapter 17.83 (Green Building Construction) of
Article VII (Development Application and Review) of Title 17 (Zoning) of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows (proposed deletions stfuck
out; proposed additions underlined):
"17.83.050 - Application procedures for renewable energy systems (photovoltaic and
solar water heating).
A. This section provides standards and procedures for permitting renewable
energy systems, such as photovoltaic (solar panels) and/or solar water heating
systems, within all zoning districts.
1. Roof-mounted Renewable Energy Systems. Any roof-mounted renewable
energy system may be installed after the applicable building permits have
been obtained from the City. Small residential rooftop solar energy systems
are governed by Section 15.040.070(B) of the Municipal Code.
a. Any roof-mounted renewable energy systems, which do not
w '.re .••-e w• .
b. Any roof mounted renewable energy systems, which exceed the
• • r
. . . I . w I • • I •
specific adverse impact upon the public health or safety, as
2. Ground-mounted Energy Systems. Installation of renewable energy systems
are permitted in any zoning district through a minor site plan review
application, provided that such systems do not encroach into a setback area
or exceed twelve feet in height, as measured from existing grade.
3. Renewable Energy Systems on Extreme Slopes. Installation of renewable
energy systems are permitted to be constructed on an extreme slope without
the need for an extreme slope permit."
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Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or circumstance, is for
any reason held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
ordinance, or its application to any other person or circumstance. The City Council
declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause, phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
Section 6. Certification and Posting. The City Clerk shall cause this Ordinance to be
posted in three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City Clerk
shall further certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered in the Book
of Ordinances of the Council of this City.
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PASSED, APPROVED and ADOPTED this 18TH day of August 2015.
Jim Knight, Mayor
ATTEST:
Carla Morreale, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. passed first reading on August 18, 2015, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
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