CC 2015-09-22_09a Ordinance_Residential Rooftop Solar SystemsTO:
FROM:
BY:
SUBJECT:
DATE:
MEMORANDUM
CITY COUNCIL ~v
TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
JOHNATHAN R. HURST, BUILDING OFFICIAL
CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING
SECTION 15.04.030 TO TITLE 15 OF THE MUNICIPAL CODE
REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL
RESIDENTIAL ROOFTOP SOLAR SYSTEMS
SEPTEMBER 22, 2015
RECOMMENDATION:
It is recommended that City Council introduce the proposed Ordinance adding section
· 15.04.030 to Title 15 of the Arroyo Grande Municipal Code regarding expedited
permitting procedures for small residential rooftop solar systems.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no anticipated fiscal impact as the costs would be recovered through existing
building permit fees. As noted, the Building Division is currently providing expedited
review and electronic submittal of applications for small residential rooftop solar
systems.
BACKGROUND:
In 2014, the State passed AB 2188 (Expedited Solar Permitting Act), which modified the
existing Solar Rights Act and requires every city and county to adopt an ordinance that
creates an expedited solar permitting process for small residential rooftop solar systems
by September 30, 2105. Section 65850.5(a) 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.
ANALYSIS OF ISSUES:
The City currently expedites the review of residential solar applications by reviewing and
issuing applications through email and electronic format. The City also currently can
accept and approve such applications at the building counter or electronically through
the City's fax. By this process, the City currently meets many of the requirements of this
State mandated ordinance. However, the proposed ordinance will bring the City in
Item 9.a. - Page 1
CITY COUNCIL
CONSIDERATION OF INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADDING SECTION 15.04.030 TO
TITLE 15 OF THE MUNICIPAL CODE REGARDING EXPEDITED PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
SEPTEMBER 22, 2015
PAGE2
compliance with the additional requirements imposed by AB 2188. The ordinance
codifies the requirements of Section 65850.5(g)(1 ), such as accepting and approving
applications electronically, directing the City's Building Official to develop a standardized
checklist of all requirements with which small rooftop solar energy systems shall comply
to be eligible for expedited review, making au documents available on the City's
website, and authorizing the Building Official to administratively approve such
applications within a reasonable period of time.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
• Introduce the Ordinance as recommended;
• Modify and introduce the Ordinance; or
• Do not introduce the Ordinance and instead provide direction to staff.
ADVANTAGES:
The proposed Ordinance will constitute compliance with State law governing small
residential rooftop solar systems, increase the deployment of solar distributed
generation, as well as assist the State in reaching its clean energy goals.
DISADVANTAGES:
None identified by staff.
ENVIRONMENTAL REVIEW:
The Ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to the General Rule (14 C.C.R. Section 15061(b)(3)) because the project
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.
PUBLIC NOTIFICATION AND COMMENT:
A notice of public hearing was published in the Tribune on Friday, September 11, 2015.
The Agenda was posted at City Hall on Thursday, September 17, 2015. The Agenda
and report were posted on the City's website on Friday, September 18, 2015.
Item 9.a. - Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADDING SECTION 15.04.030 TO TITLE 15 OF THE
MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR
SYSTEMS
WHEREAS, the City Council of the City of Arroyo Grande 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
Arroyo Grande 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, it is in the interest of the health, welfare and safety of the people of the
City of Arroyo Grande to provide an expedited permitting process to assure the
effective deployment of solar technology.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals are true and correct and are incorporated herein by
this reference.
SECTION 2: Section 15.04.030 is hereby added to the Arroyo Grande Municipal
Code as follows:
"SECTION 15.04.030 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM
REVIEW PROCESS
15.04.030 Small Residential Rooftop Solar Energy System Review Process
1. DEFINITIONS
a. A "Solar Energy System" means either of the following :
i. Any solar collector or other solar energy device whose
primary purpose is to provide for the collection, storage,
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and distribution of solar energy for space heating, space
cooling, electric generation, or water heating.
ii. 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.
b. A "small residential rooftop solar energy system" means all of
the following :
i. A solar energy system that is no larger than 10 kilowatts
alternating current nameplate rating or 30 kilowatts thermal.
ii. 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.
iii. A solar energy system that is installed on a single or
duplex family dwelling.
iv. A solar panel or module array that does not exceed the
maximum legal building height as defined by the City.
c. "Electronic submittal" means the utilization of one or more of the
following:
i. Email;
ii. The Internet;
iii. Facsimile.
d. "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.
2. 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.
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3. APPLICABILITY
a. This Ordinance applies to the permitting of all small
residential rooftop solar energy systems in the City.
b. 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 shall not require a permit.
4. SOLAR ENERGY SYSTEM REQUIREMENTS
a. All solar energy systems shall meet applicable health and safety
standards and requirements imposed by the state the City, and
the Five Cities Fire department.
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.
5. DUTIES OF BUILDING DIVISION
a. All documents required for the submission of an expedited
solar energy system application shall be made available on the
publicly accessible City website.
b. 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.
c. An applicant's electronic signature shall be accepted on all
forms, applications, and other documents in lieu of a wet
signature. However, the final permit must be signed at the
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counter until the City develops an electronic permit issuance
registration.
d. The Building Division shall adopt standard plan(s) and
checklist(s) of all requirements with which small residential
rooftop solar energy systems shall comply to be eligible for
expedited review. ,
e. 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.
f. All fees prescribed for the permitting of small residential
rooftop solar energy systems must comply with Government
Code Section 65850.55, Government Code Section 66015,
Government Code Section 66016, and State Health and Safety
Code Section 17951.
6. PERMIT REVIEW AND INSPECTION REQUIREMENTS
a. The City shall adopt an administrative, nondiscretionary review
process to expedite approval of small residential rooftop solar
energy systems. The Building Division shall issue a building
permit or other nondiscretionary permit the same day for
over-the-counter applications or within 1-3 business days for
electronic applications upon receipt of a complete application
that meets the requirements of the approved checklist and
standard plan.
b. 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.
c. The City shall not condition approval of an application on the
approval of an association, as defined in Section 4080 of the
Civil Code.
d. 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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PAGES
e. Only one inspection shall be required and performed for small
residential rooftop solar energy systems eligible for expedited
review.
f. The inspection shall be done in a timely manner and should
include consolidated inspections.
g. If a small residential rooftop solar energy system fails
inspection, a subsequent inspection is authorized.
SECTION 3: This Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to the General Rule (14 C.C.R. Section 15061 (b)(3)) because the
project 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. Upon adoption of this Ordinance, the City Clerk
shall file a Notice of Exemption pursuant to 14 CCR§ 15062.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact
that any one or more section, ~ubsection, subdivision, paragraph, sentence, or clause
be declared unconstitutional.
SECTION 5: A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the City
Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the
names of those City Council Members voting for and against the Ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 6: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its adoption.
On motion of Council Member , seconded by Council Member ___ _
and on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ___ day of October, 2015.
Item 9.a. - Page 7
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PAGES
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.a. - Page 8