HomeMy WebLinkAboutStaff Report 4.E 08/03/2015DATE:
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FROM:
Agenda Item #4.E
August 3, 2015
Honorable Mayor and Members of the City Council through City Manager
Doug Hughes, Chief Building Official 0 �
SUBJECT: Introduction of an Ordinance to Add Chapter 17.10 Entitled "Expedited
Permitting Procedures for Small Residential Rooftop Solar Systems" to the City
of Petaluma Municipal Code in Accordance with the Requirements of California
Government Code section 65850.5 (AB 2188)
RECOMMENDATION
It is recommended that the City Council introduce an Ordinance to Add Chapter 17.10 Entitled
"Expedited Permitting Procedures for Small Residential Rooftop Solar Systems" to the City of
Petaluma Municipal Code in accordance with the Requirements of California Government Code
section 65850.5 (AB 2188).
BACKGROUND
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 cost of such systems. In furtherance of that
objective, Section 65850.5(g)(1) of the California Government Code requires that on or before
September 30, 2015, every city, county or city and county must adopt an ordinance that creates
an expedited, streamlined permitting process for small rooftop solar energy systems.
The City currently expedites such applications by using a submittal checklist for solar systems
and by following the standard department procedures for all building permit applications. The
applicant can submit at the Building Counter or by fax. The application is then reviewed by the
required departments with a turnaround time not to exceed fourteen (14) days.
The attached ordinance is intended to satisfy the State requirement. The ordinance codifies the
requirements of Section 65850.5(g)(1), such as accepting and approving completed applications
by email, fax and over the counter, directs the Chief Building Official to develop a checklist of
all requirements with which small rooftop solar energy systems shall comply to be eligible for
expedited review, and authorizes the Chief Building Official to administratively approve such.
applications.
FINANCIAL IMPACTS
There are no direct financial impacts to the City of Petaluma with the adoption of this ordinance.
Staff will spend time as needed to review the required checklist for permit issuance.
ATTACHMENTS
1. Ordinance
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ORDINANCE NO. N.C.S.
Introduced by
ATTACHMENT 1
Seconded by
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING
CHAPTER 17.10 TO THE CITY OF PETALUMA MUNICIPAL CODE ENTITLED
"EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP
SOLAR SYSTEMS" IN ACCORDANCE WITH THE REQUIREMENTS OF
CALIFORNIA GOVERNMENT CODE SECTION 65850.5 (AB -2188)
WHEREAS, Subdivision (a) of section 65850.5 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 minimizing the permitting cost of
such systems; and
WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government Code
provides 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) of Section 65850.5, that
creates an expedited, streamlined permitting process for small residential rooftop solar energy
systems;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
SECTION 1: Chapter 17.10 entitled "Expedited Permitting Procedures for Small Residential
Rooftop Solar Systems" is hereby added to the City of Petaluma Municipal Code to read in full
as follows:
17.10.010 Definitions.
In accordance with California Government Code section 65850.5, subdivision 0), The following
words and phrases as used in this chapter are defined as follows:
A. "Electronic submittal" means the utilization of one or more of the following:
1. e-mail,
2. the internet,
3. Facsimile
B. "Small residential rooftop solar energy system" means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current
nameplate rating or 30 kilowatts thermal.
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 and paragraph (iii) of
subdivision(c) of Section 714 of the Civil Code, as such section or subdivision may
be amended or redesignated from time to time.
3. A solar system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building
height as defined by the City.
C. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of
subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision
may be amended, renumbered or redesignated from time to time.
17.10.020 Purpose
Subdivision (g), paragraph (1) of Section 65850.5 of the California Government Code provides
that on or before September 30, 2015, every city, county or city and county shall adopt an
ordinance that creates an expedited, streamlined permitting process for small rooftop solar
energy systems. The purpose of this chapter is to create an expedited, streamlined permitting
process for small rooftop solar energy systems in accordance with the requirements of California
Government Code section 65850.5.
17.10.030 Checklist
Subdivision (g), paragraph (1) of Section 65850.5 of the California Government Code provides
that in developing an expedited permitting process, every city, county or city and county shall
adopt a checklist of all requirements with which small rooftop solar energy systems shall comply
to be eligible for expedited review. The Building Official shall prepare and the City hereby
adopts by reference the checklist prepared by the building official pursuant to this section which
shall be substantially in conformance with the checklists contained in the most current version as
of the adoption of this chapter of the California Solar Permitting Guidebook adopted by the
Governor's Office of Planning and Research. In accordance with Subdivision (g), paragraph (2)
of Section 65850.5 of the California Government Code, the Building Official may recommend
and the City may adopt by amendment to this chapter a checklist that modifies the checklists
contained in the Guidebook based on unique climactic, geological, seismological or
topographical conditions present in the City. Checklists adopted in accordance with this section
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shall be published on the City's internet website and be available at the Building Division
counter.
17.10.040 Preparation for Application Submission
In order to help ensure that residential rooftop solar systems do not have adverse impacts upon
the public health or safety, and to help expedite City inspection and approval of proposed
residential solar systems, prior to submitting an application, the applicant shall:
A. Verify to applicant's reasonable satisfaction through the use of standard engineering
techniques that the support structure for the small residential rooftop solar system is
stable and adequate to transfer all wind, seismic, and dead and live loads associated
with the system to the building foundation; and
B. At the applicants cost, verify to the applicant's reasonable satisfaction using standard
electrical inspection techniques that the existing residential electrical system including
line, load, ground and bonding conductors as well as the main panel and any subpanels
are adequately sized, based on the electrical system's current use, to carry all new
photovoltaic electrical loads.
17.10.050 Application Submission
Applicants may submit a permit application and associated documentation to the City's Building
Division using any means accepted by the City, including electronic means once the City is
adequately equipped to receive electronic submittal of permit applications and associated
documentation, including electronic signatures. As of the adoption of this chapter, the City is
unable to receive permit applications electronically because the City has not obtained and
implemented the software tools necessary to permit electronic permit applications. All forms
requiring a signature must be signed by the applicant.
17.10.060 Inspection
In accordance with California Government Code Section 65850.5, subdivision(h), for small
residential rooftop solar energy systems eligible for expedited review, only one inspection shall
be required, which shall be done in a timely manner and may be consolidated with any
applicable Fire Department inspection. If a small residential rooftop solar energy system fails
inspection, the City may order subsequent inspection(s) as appropriate.
17.10.070 Application Completion
An application that satisfies the information requirements in the checklist, as determined by the
Building Official, shall be deemed complete. Upon the receipt of an incomplete application, the
Building Official shall issue a written correction notice detailing all deficiencies in the
application and any additional information required to be eligible for expedited permit issuance.
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17.10.080 Application Approval
A. In accordance with California Government Code section 65850.5, subdivision (b), City
review of applications to install residential solar energy systems that have been
completed in accordance with the requirements of this chapter shall be limited to the
Building Official's review of whether the proposed installation meets all health and
safety requirements of local, state and federal law. Requirements imposed on
applications pursuant to this chapter will be limited to those standards and regulations
necessary to ensure that the solar energy system will not have a specific, adverse impact
upon the public health or safety. In accordance with California Government Code section
65850.5, subdivision (e), conditions the Building Official imposes on applications
pursuant to this chapter and other applicable law shall be designed to mitigate specific,
adverse impacts upon the public health and safety at the lowest cost possible.
B. In accordance with California Government Code section 65850.5(f), residential solar
energy systems approved pursuant to this chapter shall meet all applicable health and
safety standards and requirements imposed by state and local permitting authorities,
including the following:
Solar energy systems for heating water in single family residences and solar
collectors used for heating water in swimming pool applications shall be
certified by an accredited listing agency as defined in the California Plumbing
and Mechanical Codes.
2. A solar energy system 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.
C. Upon confirmation by the Building Official that the application and supporting
documentation is complete and meets the requirements of the checklist, the Building
Official shall administratively approve the application and issue all required permits and
authorizations. Such approval does not authorize an applicant to connect the small
residential rooftop energy system to the local utility provider's electrical grid. The
applicant is responsible for obtaining such approval or permission from the local utility
provider. Issuance of all City -required permits and authorizations shall be subject to
payment of any applicable permit processing and inspection fees.
SECTION 2. Severability. If any section, subsection, phrase or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed this
ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any
one or more sections, subsections, phrase or clauses be declared unconstitutional.
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SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after the date of
its adoption by the Petaluma City Council.
SECTION 4. Publication. The City Clerk is hereby directed to publish or post this ordinance or
a synopsis for the period and in the manner provided by City Charter and other applicable law.
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