Ordinance 2015-08ORDINANCE NO. 2015-08
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING CHAPTER 6 OF
THE GILROY CITY CODE BY ADDING SECTION
6.57 ENTITLED "SMALL RESIDENTIAL
ROOFTOP SOLAR EXPEDITED PERMITTING"
WHEREAS, the City Council of the City of Gilroy seeks to implement AB 2188
(Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting
process for small residential rooftop solar energy systems; and
WHEREAS, the City Council wishes to advance the use of solar energy by all of its
citizens, businesses and industries; and
WHEREAS, the City Council seeks to meet the climate action goals set by the City of
Gilroy and the State of California; and
WHEREAS, solar energy creates local jobs and economic opportunity; and
WHEREAS, the City Council recognizes that rooftop solar energy provides reliable
energy and pricing for its residents and businesses; and
WHEREAS, the City Council finds that this Ordinance is exempt from the California
Environmental Quality Act (CEQA) as specific regulatory actions are necessary to assure the
maintenance, restoration, enhancement or protection of the environment pursuant to the CEQA
Guidelines Section 15308; and,
WHEREAS, it is in the interest of the health, welfare and safety of the people of the City
of Gilroy to provide an expedited permitting process to assure the effective deployment of solar
technology.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS
FOLLOWS:
SECTION I
This Ordinance hereby amends Chapter 6 of the Gilroy City Code to add a new Section 6.57
entitled "Small Residential Rooftop Solar Expedited Permitting" to read as follows:
Section 6.57. Small Residential Rooftop Solar Expedited Permitting
(a) Definitions
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ORDINANCE NO. 2015-08
(1) A "Solar Energy System" means either of the following:
a. 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.
b. 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 or cooling, or for water heating.
(2) A "small residential rooftop solar energy system" means all of the following:
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 fire, structural,
electrical, and other building codes as adopted or amended by the City and all
state and City health and safety standards.
c. A solar energy system that is installed on a single - family or two- family
(duplex) dwelling.
d. A solar panel or module array that does not exceed the maximum legal building
height as defined by the City Zoning Ordinance, Chapter 30 of the City Code.
(3) "Electronic submittal" means the utilization of one or more of the following:
a. Email;
b. Internet;
c. Facsimile.
(4) An "association" means a nonprofit corporation or unincorporated association created
for the purpose of managing a common interest development.
(5) A "common interest development" means any of the following:
a. A community apartment project.
b. A condominium project.
c. A planned development.
d. A stock cooperative.
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ORDINANCE NO. 2015-08
(6) "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.
('n "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.
(8) "Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
a. 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.
b. 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.
(b) 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, and expanding the ability of property owners to install solar
energy systems. The Ordinance allows the City to achieve these goals while protecting the public
health and safety.
(c) Applicability
(1) This Ordinance applies to the permitting of all small residential rooftop solar energy
systems in the City.
(2) 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. Routine operation and maintenance or like -kind replacements shall not
require a permit.
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ORDINANCE NO. 2015-08
(d) Solar Energy System Requirements
(1) All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the state and the City.
(2) 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.
(3) 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.
(e) Duties of Building and Safety Division and Building Official
(1) All documents required for the submission of an expedited solar energy system
application shall be made available on the publicly accessible City Website.
(2) Electronic submittal of the required permit application and documents by email, the
Internet, or facsimile shall be made available to all small residential rooftop solar energy
system permit applicants.
(3) An applicant's electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signature
(4) The City's Building and Safety Division shall adopt a standard plan and checklist of
all requirements with which small residential rooftop solar energy systems shall comply
to be eligible for expedited review.
(5) 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.
(6) All fees prescribed for the permitting of small residential rooftop solar energy system
must comply with Government Code Section 65850.55, Government Code Section
66015, Government Code Section 66016, and State Health and Safety Code Section
17951.
(f) Permit Review and Inspection Requirements
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ORDINANCE NO. 2015-08
(1) The City Building and Safety Division shall adopt an administrative, nondiscretionary
review process to expedite approval of small residential rooftop solar energy systems
within 30 days of the adoption on this Ordinance. The Building and Safety Division shall
issue a building permit or other nondiscretionary permit within 3 business days of receipt
of a complete application that meets the requirements of the approved checklist and
standard plan, and whenever possible shall issue a building permit the same day of
receipt of a complete application that meets the requirements of the approved checklist
and standard plan. The building official or planning manager may require an applicant to
apply for a conditional use permit if they find, based on substantial evidence, that the
solar energy system could have a specific, adverse impact upon the public health and
safety. Such conditional use permit shall be decided by the planning commission, or city
council upon appeal, in accordance with the Zoning Ordinance, Chapter 30 of the City
Code. Denial of the conditional use permit application must be based on 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.
(2) 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.
(3) Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
(4) "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 Civil Code defining restrictions
that do not significantly increase the cost of the system or decrease its efficiency or
specified performance.
(5) The City shall not condition approval of an application on the approval of an
association, as defined in Section 4080 of the Civil Code.
(6) 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.
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ORDINANCE NO. 2015-08
() Only one inspection shall be required and performed by the Building and Safety
Division for small residential rooftop solar energy systems eligible for expedited review.
(8) The inspection shall be done in a timely manner and should include consolidated
inspections. An inspection will be scheduled within two (2) business days of a request
and provide a four (4) hour or less inspection window.
(9) If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements of this Ordinance.
SECTION II
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and
adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
may be declared invalid or unconstitutional.
SECTION III
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force
and effect thirty (30) days after the date of its passage and adoption.
PASSED AND ADOPTED this 3`d day of August, 2015, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, TUCKER, VELASCO,
WOODWARD, and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: LEROE -MUNOZ
ATTEST -
i
,
a Freels, City Clerk
APPROVED:
, dM4 0-
Donald F. Gage, Ma
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ORDINANCE NO. 2015-08
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2015 -08 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 3rd day of August, 2015, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4h day of August, 2015.
City Clerk of the City of Gilroy
(Seal)