HomeMy WebLinkAboutOrdinance 2549 N.C.S. 09/14/20151
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
EFFECTIVE DATE
OF ORDINANCE
October 14, 2015
Introduced by
Teresa Barrett
ORDINANCE NO. 2549 N.C.S.
Seconded by
Gabe Kearney
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 (j), 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.
Ordinance No. 2549 N.C.S.
Page 1
1 2. A solar energy system that conforms to all applicable state fire, structural, electrical
2 and other building codes as adopted or amended by the City and paragraph (iii) of
3 subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be
4 amended or redesignated from time to time.
5 3. A solar system that is installed on a single or duplex family dwelling.
6 4. A solar panel or module array that does not exceed the maximum legal building
7 height as defined by the City.
8
9 C. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of
10 subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be
11 amended, renumbered or redesignated from time to time.
12
13 17.10.020 Purpose
14
15 Subdivision (g), paragraph (1) of Section 65850.5 of the California Government Code provides
16 that on or before September 30, 2015, every city, county or city and county shall adopt an
17 ordinance that creates an expedited, streamlined permitting process for small rooftop solar
18 energy systems. The purpose of this chapter is to create an expedited, streamlined permitting
19 process for small rooftop solar energy systems in accordance with the requirements of California
20 Government Code section 65850.5.
21
22 17.10.030 Checklist
23
24 Subdivision (g), paragraph (1) of Section 65850.5 of the California Government Code provides
25 that in developing an expedited permitting process, every city, county or city and county shall
26 adopt a checklist of all requirements with which small rooftop solar energy systems shall comply
27 to be eligible for expedited review. The Building Official shall prepare and the City hereby
28 adopts by reference the checklist prepared by the building official pursuant to this section
29 which shall be substantially in conformance with the checklists contained in the most current
30 version as of the adoption of this chapter of the California Solar Permitting Guidebook adopted
31 by the Governor's Office of Planning and Research. In accordance with Subdivision (g),
32 paragraph (2) of Section 65850.5 of the California Government Code, the Building Official may
33 recommend and the City may adopt by amendment to this chapter a checklist that modifies
34 the checklists contained in the Guidebook based on unique climactic, geological, seismological
35 or topographical conditions present in the City. Checklists adopted in accordance with this
36 section shall be published on the City's internet website and be available at the Building Division
37 counter.
38
39 17.10.040 Preparation for Application Submission
40
41 In order to help ensure that residential rooftop solar systems do not have adverse impacts upon
42 the public health or safety, and to help expedite City inspection and approval of proposed
43 residential solar systems, prior to submitting an application, the applicant shall:
44
45 A. Verify to applicant's reasonable satisfaction through the use of standard engineering
46 techniques that the support structure for the small residential rooftop solar system is stable
47 and adequate to transfer all wind, seismic, and dead and live loads associated with the
48 system to the building foundation; and
49
50 B. At the applicants cost, verify to the applicant's reasonable satisfaction using standard
51 electrical inspection techniques that the existing residential electrical system including
52 line, load, ground and bonding conductors as well as the main panel and any subpanels
53 are adequately sized, based on the electrical system's current use, to carry all new
54 photovoltaic electrical loads.
Ordinance No, 2549 N.C.S. Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
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 inspections) 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.
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:
I. 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
Ordinance No. 2549 N.C.S.
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
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.
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.
INTRODUCED and ordered posted/ published this 3rd day of August, 2015.
ADOPTED this 14th day of September, 2015 by the following vote:
Ayes:
Albertson, Barrett, Healy, Kearney, King, Vice Mayor Miller
Noes:
None
Abstain:
None
Absent:
Mayor Glass
K thleen Miller, V Mayor
ATTEST: APPROVED ALTO FORM:
�Ij
Claire Cooper, City Clerk Eric W. Danly, City Attorney
Ordinance No. 2549 N.C.S.
Page 4