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ORD 574 ORDINANCE NO. 574 AN ORDINANCE 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 18, 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, 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: Ordinance No. 574 Page 1 of 5 R6876-0001\1844115v5.doc 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 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 Ordinance No. 574 Page 2 of 5 R6876-0001\1844115v5.doc 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 checklist(s)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 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. Q. 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 Ordinance No. 574 Page 3 of 5 R6876-0001\1844115v5.doc 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." 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 ; 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 exceed the •• ••• •• - ' •••• •-•e• •- ••• -e : -' ' e, may be installed after the • • r •r •• • r r • r •• r v • • • b. Any roof mounted renewable energy systems, which exceed the maximum r • • r r • r • r r • r r• • r•► •• • • r • �r ' -• • -• = • e ■• = - •••-• -ee- - •A• - 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." 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. Ordinance No. 574 Page 4 of 5 R6876-0001\1844115 v 5.do c PASSED, APPROVED and ADOPTED this 1St day of September 2015. ATTEST: • / • /,,,Ce_ 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. 574 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 September 1, 2015, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None ABSTAIN: None /fri City Clerk Ordinance No. 574 Page 5 of 5 R6876-0001\1844115v5.doc CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on September 2, 2015, she caused to be posted the following document entitled: ORDINANCE NO. 574,AN ORDINANCE 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, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. / City Clerk