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STAFF REPORT
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Development Services Department
DATE: August 18, 2015
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
Philip A. Wray, Deputy Director of Development Services /City Engineer
By: Don Stockham, Building Official
SUBJECT: ORDINANCE NO. 2328 AMENDING THE ARCADIA MUNICIPAL CODE
BY ADDING A NEW CHAPTER 11.1, PART 4 TO ARTICLE VIII TO
PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
Recommendation: Introduce
SUMMARY
Recently adopted legislation in the California Government Code encourages and
promotes the installation and use of solar energy systems. The California Government
Code requires that, on or before September 30, 2015, every city and county must adopt
an ordinance that creates an expedited, streamlined permitting process for small
residential rooftop solar energy systems.
Ordinance No. 2328 has been prepared to comply with the State's new policy. The
Development Services Department currently expedites the permitting of small
residential solar energy systems, so the proposed ordinance will have minimal impact
on the current process. It is recommended that Ordinance No. 2328 be introduced for
approval.
BACKGROUND
Section 65850.5(a) of the California Government Code provides that it is the policy of
the State of California 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. 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 and
county must adopt an ordinance that creates an expedited, streamlined permitting
process for small residential rooftop solar energy systems.
Ordinance No. 2328 regarding Rooftop Solar Sytems
August 18, 2015
Page 2 of 2
DISCUSSION
In order to comply with the State mandate, the adoption of Ordinance No 2328 is
proposed to reflect the Government Code requirements. Key elements of the ordinance
are for the City's Building Official to accept and approve applications electronically, to
direct the 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 to
authorize the Building Official to administratively approve such applications in an
expedited manner.
The City currently expedites the review of such applications by reviewing and issuing
applications within 2 -5 days, and occasionally accepts and approves such applications
over the building counter. City plan review /permit fees are at a flat rate fee of $300.92
for residential installations, well below the State average and within the guidelines of the
Government Code. Therefore, the City is already in substantial compliance with the
State's requirements, and the ordinance confirms the City's actions.
ENVIRONMENTAL IMPACT
The proposed Ordinance qualifies for an exemption from the California Environmental
Quality Act ( "CEQA ") per Section 15061(b)(3) of the CEQA Guidelines because it is a
project that does not have a potential for causing a significant effect on the environment.
FISCAL IMPACT
There is no anticipated fiscal impact as the costs would be recovered through the
existing building permit fees. As noted, the Building Division is currently providing
expedited review of applications for small residential rooftop solar systems.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance 2328 amending the
Arcadia Municipal Code by adding a new Chapter 11.1, Part 4 to Article VIII to provide
an expedited, streamlined permitting process for small residential rooftop solar systems.
Approved:
Dominic Lazza
City Manager
Attachment: Ordinance No. 2328
ORDINANCE NO. 2328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE BY ADDING A NEW CHAPTER 11.1, PART
4 TO ARTICLE VIII TO PROVIDE AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL
RESIDENTIAL ROOFTOP SOLAR SYSTEMS
WHEREAS, the City Council 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 Council and the State; 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
Arcadia to provide an expedited permitting process to assure the effective deployment
of solar technology.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended by adding a new
Chapter 11.1, Part 4 to Article VIII to read in its entirety as follows:
CHAPTER 11.1
SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
PART 4
8951. PURPOSE
The purpose of the Chapter is to provide 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. This Chapter encourages the use of solar systems by
removing unreasonable barriers, minimizing costs to property owners and the City of
Arcadia, and expanding the ability of property owners to install solar energy systems;
and allows the City of Arcadia to achieve these goals while protecting the public health
and safety.
8952. APPLICABILITY
This Chapter applies to the permitting of all small residential rooftop solar energy
systems in the City of Arcadia.
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.
8953. DEFINITIONS
a. A "Solar Energy System" means either of the following:
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L 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.
iii. 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-
ii. A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
H. A solar energy system that conforms to all applicable state fire,
structural, electrical, and other building codes as adopted or amended
by the City of Arcadia and all 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 of Arcadia.
c. "Electronic submittal" means the utilization of one or more of the following:
L Email;
ii. The Internet;
iii. Facsimile.
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d. An "association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
e. A "common interest development" means any of the following:
ii. A community apartment project.
ii. A condominium project.
iii. A planned development.
iv. A stock cooperative.
f. "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.
g. "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.
h. 'Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance" means-
i. 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.
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iii. 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.
8954. 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 of Arcadia.
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.
8955. DUTIES OF BUILDING DEPARTMENT 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
of Arcadia Website.
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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 of Arcadia's Building Department 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.
8956. PERMIT REVIEW AND INSPECTION REQUIREMENTS
L The City of Arcadia Building Department 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 Department shall issue a building permit or other
nondiscretionary permit the same day for over -the- counter applications or
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within 1 -3 business days for electronic applications of receipt of a complete
application and meets the requirements of the approved checklist and
standard plan. A building official may require an applicant to apply for a use
permit if the official finds, based on substantial evidence, that the solar energy
system could have a specific, adverse impact upon the public health and
safety. Such decisions may be appealed to the City of Arcadia Planning
Commission.
j. 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.
k. If a use permit is required, a building official may deny an application for the
use permit if the official makes 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. Such decisions may be
appealed to the City of Arcadia Planning Commission.
I. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
m. "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 of Arcadia on another similarly situated
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application in a prior successful application for a permit. The City of Arcadia
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.
n. A City, County, or City and County shall not condition approval of an
application on the approval of an association, as defined in Section 4080 of
the Civil Code.
o. 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.
p. Only one inspection shall be required and performed by the Building
Department for small residential rooftop solar energy systems eligible for
expedited review.
q. The inspection shall be done in a timely manner and should include
consolidated inspections. An inspection will be scheduled within two business
days of a request and provide a two -hour inspection window.
r. 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.
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s. A re- inspection fee will be accessed for each subsequent re- inspection
required until the proposed solar system complies with all requirements stated
on the approve plans. The re- inspection fee is required to be paid prior to re-
inspection request.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of said City within
fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first
(31S) day after its adoption.
Passed, approved and adopted this day of
ATTEST:
City Clerk
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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2015.
Mayor of the City of Arcadia