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HomeMy WebLinkAbout3.2 ITEM 3.2 TOWN OF LOS ALTOS HILLS September 3, 2015 Staff Report to the Planning Commission SUBJECT: PROPOSED AMENDMENT TO TITLE VIII OF THE MUNICIPAL CODE TO ALLOW FOR THE EXPEDITED PROCESSING OF SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS; FILE#252-15-MISC FROM: Steve Padovan, Consultant Planner APPROVED: Suzanne Avila, Planning Director5i RECOMMENDATION: That the Planning Commission: Review the staff report and draft ordinance for the expedited processing of small residential rooftop solar systems, consider any revisions to the ordinance, and forward a recommendation to the City Council to adopt the ordinance (Attachment 1). BACKGROUND In September 2014, California Assembly Bill 2188 (AB 2188) became law, requiring all local governments to adopt, by September 30, 2015, an administrative ordinance that creates a streamlined permitting process for small rooftop solar system installations. The law was enacted to help lower the cost of solar installations and expand the accessibility of solar to more homeowners in California by simplifying the structural, electrical and-fire review of a solar system and eliminating the need for detailed engineering studies. This law applies to the following residential solar energy systems: a) Systems on single-family or duplex dwellings; b) Photovoltaic systems of up to 10 kilowatts; c) Hot water systems of up to 30 kilowatts thermal; d) Systems that do not exceed the maximum legal building height in the jurisdiction. The goal of AB 2188 is to create a streamlined permit process by utilizing a standardized checklist for eligibility of projects, standardized plans, electronic submittals and review, and over-the counter approval if feasible (or up to a maximum of 3 days for complete processing). In addition, the law requires a streamlined inspection process including a single, final inspection coordinated among the various agencies, a concise inspection list, an on-line or other electronic request for inspection, and on-site inspections on the next business day, if possible. The Town currently accepts rooftop solar system building permits at the counter and does not require a separate Planning permit for systems on existing structures. The Building Division typically processes rooftop solar system permits within two (2) business days and generally schedules inspections within 24 hours of requested. In addition, the building inspector only Staff Report to the Planning Commission Proposed Rooftop Solar Permitting Process September 3,2015 Page 2 of 3 performs one inspection for rooftop systems. However, the Building Division does not currently have electronic submittal or permit issuance procedures in place. DISCUSSION The proposed ordinance (Attachment 1) would add Chapter 9, "Small Residential Rooftop Solar Expedited Permitting" to Title VIII (Building Regulations) of the Municipal Code. Staff reviewed several ordinances developed by other jurisdictions within the state (Attachment 2) and found that they share many common elements with some minor customization to meet the particular needs of the community. These ordinances conform to the expedited, streamlined permitting process recommendations contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research (OPR), as required by AB 2188 (Attachment 3). Staff has utilized the basic format and text from the sample ordinances and customized several sections to meet the needs of Los Altos Hills. In summary, adoption of the attached ordinance would result in the following: 1. Implementation of an expedited permitting process for rooftop solar photovoltaic (PV) systems of 10 kw or less and rooftop solar thermal systems of 30 kw thermal, including required permit application paperwork, review process, and the inspection procedure. 2. The posting of requirements and forms online including a standardized checklist of all requirements that must be met by an applicant for a system to be eligible for expedited review and for standardized plans to be submitted for an application to be considered complete; 3. Allow for electronic submittal of the permit application; 4. Issuance of a building permit within three business days of the application being deemed complete with the goal of offering same-day "over the counter" plan review and permit issuance if feasible. 5. Reduce field inspections to one inspection. Inspections will be done in a timely manner and according to best practices, which include scheduling an inspection within 24 hours of request where possible. Based on current Building Division practices, the implementation of the new state law will not significantly affect how the Town currently processes rooftop solar systems with the exception of requiring electronic submittal and processing of solar permits. In order to comply with the electronic processing requirements, the Town is currently in the process of setting up a separate e-mail account for solar permit submittals and will eventually develop an active PDF building permit form that can be accessed through the Town's website. PUBLIC COMMENT Staff has not received any comment letters from residents related to the proposed ordinance. A public notice was posted in three public places on August 21, 2015 and placed in the Town Crier on August 26, 2015. Staff Report to the Planning Commission Proposed Rooftop Solar Permitting Process September 3,2015 Page 3 of 3 CONCLUSION The Town is required to adopt an expedited residential rooftop solar permitting ordinance by September 30, 2015 in accordance with AB 2188. The attached ordinance is based on model ordinance language by the Center for Sustainable Energy, adapted for specific conditions and needs of Los Altos Hills. The ordinance codifies the requirements of the state law by accepting and approving applications electronically, directing the Town's Building Official to develop a standardized checklist and plans for small rooftop solar energy systems, and authorizing the Building Official to administratively approve and inspect solar systems in a timely manner. CEQA STATUS The proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to "general exemptions" described in Section 15061(b)(3) of the CEQA Guidelines, since the ordinance would not have any significant effects on the environment and pursuant to Section 21080.35 of the Public Resources Code, because the ordinance involves the approval of certain rooftop solar projects that are exempt per state law. ATTACHMENTS 1. Draft Ordinance on Residential Rooftop Solar Systems Permitting 2. Sample Ordinances from several other California Jurisdictions 3. Excerpts from the California Solar Permitting Guidebook ATTACHMENT 1 ORDINANCE AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS ADDING CHAPTER 9, "SMALL RESIDENTIAL ROOFTOP SOLAR EXPEDITED PERMITTING," TO TITLE VIII OF THE LOS ALTOS HILLS MUNICIPAL CODE; FILE#252-15-MISC WHEREAS, California State Assembly Bill AB 2188 (Chapter 521, Statutes 2014) was enacted requiring all local governments to adopt an administrative ordinance that creates a streamlined permitting process for small rooftop solar system installations (10 kilowatts of alternating current or 30 kilowatts of thermal) on or before September 30, 2015; and WHEREAS, the City Council of the Town of Los Altos Hills seeks to implement AB 2188 through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and WHEREAS, the Town of Los Altos Hills wishes to advance the use of solar energy by all its residents and is supportive of rooftop solar installations in the community; and WHEREAS, it is in the interests of the health, safety, and welfare of the residents of the Town of Los Altos Hills to provide an expedited permitting process to assure the effective deployment of solar technology and to comply with state law; and WHEREAS, the City Council of the Town of Los Altos Hills finds that this project is exempt from California Environmental Quality Act (CEQA) pursuant to "general exemptions" described in Section 15061(b)(3) of the CEQA Guidelines, since the ordinance would not have any significant effects on the environment and pursuant to Section 21080.35 of the Public Resources Code, because the ordinance involves the approval of certain rooftop solar projects that are exempt per state law. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: Chapter 9, "Small Residential Rooftop Solar Expedited Permitting," is hereby added to Title VIII of the Los Altos Hills Municipal Code to read as follows: Chapter 9 SMALL RESIDENTIAL ROOFTOP SOLAR EXPEDITED PERMITTING 8-9.01 Application. • This chapter shall apply to the expedited permitting of small residential rooftop solar energy systems in the Town of Los Altos Hills. 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. 8-9.02 Definitions. Electronic submittal means the utilization of one or more of the following: a. Email; b. Internet; c. Facsimile. Reasonable restrictions means restrictions on a solar energy system 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. These restrictions are as follows: 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. 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 dwelling. d. A solar panel or module array that does not exceed the maximum legal building height as defined by the Zoning Ordinance, Title 10, of the Town Municipal Code. 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. 8-9.03 Solar energy system requirements. All solar energy systems shall meet all applicable health and safety standards and requirements imposed by the state and the Town. Solar energy systems for heating water in single-family residences and for heating water in swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. 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. 8-9.04 Streamlined permit processing procedures. The following procedures shall be used in the permitting of small rooftop solar energy systems: 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 Planning and Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply in order 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. 8-9.05 Permit review and inspection requirements. The Planning and 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 permit shall be issued based on the following: 1. The Building Division shall issue a building permit or other nondiscretionary permit within three (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. 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 a specific, adverse impact upon health and safety at the lowest possible cost. 4. A feasible method to satisfactorily mitigate or avoid a specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the Town on another similarly situated application in a prior successful application for a permit. The Town 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. 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. 6. Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems. 7. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will generally be scheduled within one business day of a request and within a four (4) hour or less inspection window. 8. 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. 8-9.06 Conditional Use Permit Required. The Building Official or Planning Director 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 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. 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. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby further ORDAIN as follows: 1. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 2. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: BY: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTACHMENT. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY ADDING SECTION 7.2.116 TO THE OAKLEY MUNICIPAL CODE,RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP . SOLAR SYSTEMS The City Council of the City of Oakley does ordain as follows: Section 1. Section 7.2.116 is hereby added to Chapter 2 of Title 7 of the Oakley Municipal Code,to read as follows: Section 7.2.116 Amendments to the California Building Code Dealing with Small Residential Rooftop Solar Systems. A. The following words and phrases as used in this section are defined as follows: "Electronic submittal"means the utilization of one or more of the following: 1. e-mail, 2.the internet, 3. facsimile. "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,renumbered, or redesignated from time to time. 3. A solar energy 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 authority having jurisdiction. "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. B. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process,the 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 is hereby authorized and directed to develop and adopt such checklist. C. The checklist shall be published on the city's interne website. The applicant may submit the permit application and associated documentation to the City's building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal,the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. D. Prior to submitting an application, the applicant shall: 1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and 2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized,based on the existing electrical system's current use,to carry all new photovoltaic electrical loads. E. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required,which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If the system fails inspection, a subsequent inspection is authorized. F. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon 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. The determination of incompleteness may be appealed to the City Council. G.Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist,the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. H. Fees for permitting small rooftop residential energy systems shall comply with Government Code Sections 65850.55, 66015, 66016 and Health& Safety Code Section 17951. Section 2. California Environmental Quality Act (CEQA)Finding. This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Review for Exemption, because it can be seen with certainty that the project will not have a significant effect on the environment;therefore the project is not subject to CEQA. Section 3. Severability. In the event any section or portion of this ordinance shall be determined to be invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4. Effective Date and Publication. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed ordinance in the City Clerk's Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption,publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance. The foregoing ordinance was adopted with the reading waived at a regular meeting of the Oakley City Council on , 2015 by the following vote: AYES: NOES: ABSTENTIONS: • ABSENT: APPROVED: Doug Hardcastle, Mayor ATTEST: Libby Vreonis, City Clerk Date ORDINANCE NO. 15- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADDING CHAPTER X OF TITLE 5 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PERMITTING PROCEDURES FOR SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS WHEREAS, as set forth in Government Code Section 65850.5(a) it is the policy of the State of California that local agencies encourage the installation of solar energy systems by removing obstacles to, and minimizing the costs of, permitting such energy systems; and WHEREAS, as set forth in Government Code Section 65850.5(g), cities must adopt an ordinance on or before September 30, 2015 that creates an expedited and streamlined permitting process for small residential rooftop solar energy systems; and WHEREAS, the ordinance must substantially conform with the recommendations set forth in the California Solar Permitting Guidebook, including the use of a checklist of all requirements that, if complied with, requires cities to approve the application and issue the applied for permits; and WHEREAS, the City Council of the City of Costa Mesa finds that it is in the interest of the health, welfare and safety of the public-to provide an expedited permitting process to encourage the effective development of solar technology; and WHEREAS, the City Council of the City of Costa Mesa finds that the following ordinance will have the effect of encouraging the installation of small residential solar energy systems and minimizing barriers, obstacles, and costs of obtaining permits for their installation. THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 5 of the Costa Mesa Municipal Code entitled "Buildings and Structures" is hereby amended to add Chapter X, entitled " SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS" commencing with Section 5-138 and concluding with Section 5-143 is hereby added to read in its entirely as follows: Sec. 5-138. Intent and purpose. The intent and purpose of this chapter 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. This chapter is designed to encourage 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. This chapter allows the City to achieve these goals while protecting the public health and safety. Sec. 5-139. Definitions. A. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. B. "Building department" means the Building and Safety Division for the City of Costa Mesa. C. "Building official" means the Building Official for the City of Costa Mesa. D. "City" means the City of Costa Mesa. E. "Common interest development" means any of the following: 1. A community apartment project. 2. A condominium project. 3. A planned development. 4. A stock cooperative. F. "Electronic submittal" means the utilization of one or more of the following: 1. Email 2. The Internet 3. Facsimile G. "Expedited permitting," and "expedited review," means the process outlined in Sec. 5-143 entitled "Expedited permit review and inspection requirements." H. 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 similar permit. I. "Board of Appeals" means the Access, Building, Fire, and Housing Board of Appeals for the City of Costa Mesa. J. "Small residential rooftop solar energy system" means all of the following: 7 1. A solar energy system that is not 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 of Costa Mesa and all State of California health and safety standards. 3. A solar energy 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 of Costa Mesa. K. "Solar energy system" means either of the following: 1. 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. 2. 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, space cooling or water heating. L. "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. Sec. 5-140. Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems in the City. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter 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. Sec. 5-141. Solar energy system requirements. A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California. 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 3 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. Sec. 5-142. Duties of Building Department and Building Official. A. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the City's publicly accessible website. B. Electronic submittal of the required permit application and documents via email, the City's website, 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. D. The Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. E. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard 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 Sections 65850.55 and 66015 and Health & Safety Code Section 17951. Sec. 5-143. Expedited permit review and inspection requirements. A. The Building Department shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within 30 days of adoption of this chapter. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the Building Department shall issue a building permit or other non-discretionary permit within 3 business days. The 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 Board of Appeals pursuant to section 5-3 of this code. B. Review of the application shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements. 4 C. If a use permit is required, the 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 the specific, 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 Board of Appeals pursuant to section 5-3 of this code. D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A)-(B). E. The City shall not condition the approval of an application on the approval of an association as defined in Civil Code Section 4080. F. If an application for a small residential rooftop solar energy system 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 permitting shall be sent to the applicant for resubmission. G. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. H. 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. I. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. Section 2. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. • Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and 5 adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. PASSED, APPROVED AND ADOPTED this day of , 2015. Mayor APPROVED AS TO FORM: City Attorney ATTEST: City Clerk of the City of Costa Mesa 6 ORDINANCE NO. 2015-XX 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 1 ORDINANCE NO. 2015-XX • (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. 2 ORDINANCE NO. 2015-XX (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. (7) "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. 3 ORDINANCE NO. 2015-XX (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 4 ORDINANCE NO. 2015-XX (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. 5 ORDINANCE NO. 2015-XX • (7) 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_day of August, 2015, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Donald Gage, Mayor ATTEST: Shawna Freels, City Clerk 6 ORDINANCE NO. 2015-XX REGULAR NUMBER: 65.144 TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING CHAPTER 1.5 TO TITLE II OF THE MILPITAS MUNICIPAL CODE RELATING TO STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of June 2,2015, upon motion by Councilmember Giordano and was adopted (second reading) by the City Council at its meeting of June 16, 2015, upon motion by Councilmember Giordano. The Ordinance was duly passed and ordered published in accordance with law by the following vote: AYES: (5)Mayor Esteves,Vice Mayor Montano, Councilmembers Barbadillo, Giordano, and Grilli NOES: (0) ABSENT: (0) ABSTAIN: (0) ATTEST: APPROVED: Mary Lavelle, City Clerk Jose S. Esteves, Mayor APPROVED AS TO FORM: Michael J. Ogaz, City Attorney 1 Ordinance No.65.144 RECITALS AND FINDINGS: WHEREAS, the City Council of the City of Milpitas 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 Milpitas 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 Milpitas to provide an expedited permitting process to assure the effective deployment of solar technology. NOW,THEREFORE, the City Council of the City of Milpitas does ordain as follows: SECTION 1. RECORD AND BASIS FOR ACTION The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE Title II of the Milpitas Municipal Code is hereby amended to add a new Chapter 1.5 to read as follows: Chapter 1.5 —STREAMLINED SOLAR PERMITTING Section 1 —Definitions II-1.5-1.01 - General For the purpose of this Chapter, certain terms, phrases, words and their derivatives shall be construed as specified in this Section. 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: 2 Ordinance No.65.144 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 or duplex family dwelling. d. A solar panel or module array that does not exceed the maximum legal building height as defined by the City. 3. "Electronic submittal"means the utilization of one or more of the following: a. Email; b. The 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. 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. 7. "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. Section 2—Purpose I1-1.5-2.01 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 3 Ordinance No.65.144 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. Section 3 —Applicability II-1.5-3.01 This Ordinance applies to the permitting of all small residential rooftop solar energy systems in the City. II-1.5-3.02 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. Section 4—Solar Energy System Requirements II-1.5-4.01 All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City. II-1.5-4.02 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. II-1.5-4.03 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. Section 5 -Duties of Building Department and Building Official II-1.5-5.01 All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City website. II-1.5-5.02 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. I1-1.5-5.03 An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. II-1.5-5.04 4 Ordinance No.65.144 The City 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. II-1.5-5.05 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. II-1.5-5.06 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. Section 6—Permit Review and Inspection Requirements [I-1.5-6.01 The City 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 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 Planning Commission. II-1.5-6.02 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. II-1.5-6.03 • 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 Planning Commission. II-1.5-6.04 Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. II-1.5-6.05 "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 5 Ordinance No.65.144 Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. II-1.5-6.06 City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code. II-1.5-6.07 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. II-1.5-6.08 Only one inspection shall be required and performed by the City Building Department for small residential rooftop solar energy systems eligible for expedited review. II-1.5-6.09 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 two (2) hour inspection window. II-1.5-6.10 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 3. SEVERABILITY The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder. SECTION 4. EFFECTIVE DATE AND POSTING In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California. 6 Ordinance No.65.144 ATTACHMENT 3 California Solar Permitting Guidebook . - { r` r _ . ..,.. : .-,-t41 --' '1 tqvi Improving Permit Review , i,.} ill '''''': 1 u.,„ and Approval for Small Solar Systems 0r h '' ' '''W1423anefffiWiffirAft \, 4z - `,t w�,.Ems,• 1_,, . • ) f \ � �' -:.--""---4V G` , 1100,04:-0-7;01wo_____,Ia,„..tf...00frAs-41.41 I 7400-_, ._.4, _2 ' aalfa ,i y,�ldax(7 �{ Developed by: Fall 2014 Solar Furmitting Task Force ` , Second Bl�tion Governor's Office of Banning and F search ' 4 Office of Governor Edmund G. Brown Jr. ' ..�}.'1~r te. •-•-"i_::-;-._�4 r California Solar Permitting Guidebook Improving Fermit Fbview and Approval for Small Solar Systems o k_-'a c ar A V' ` S f,. 4 ieOFCALoo Governor's Office of Planning and Fesearch Office of Governor Edmund G. Brown Jr. Project Managers Claudia Eyzaguirre, Center for Sustainable Energy Jeffrey Mankey, Governor's Office of Planning and Fbsearch Lead Contributors California Building Standards Commission California Department of Housing and Community Development California State Fire Marshal California Solar Energy Industries Association (CALSEIA) City of Los Angeles Mar Structural Design Center for Sustainable Energy „4,13MlBp`., �pD1VN77 CBC�c�:y. s p® Center for kF . r o❑ � . _q m � Sustainable Energy- PLblished fall 2014 Second edition Partial funding from the U.S Department of Energy, SUnSiot Initiative re.r8`•,;,4, e ...- PWj ,cRf STATE OF CALIFORNIA o * 9 ;" 1 GOVERNOR'S OFFICE of PLANNING AND RESEARCH .t} �P ��F CAl1E�P EDMUND G.BROWN JR. KEN ALEX GOVERNOR DIRECTOR 16 December, 2014 The Governor's Office of Planning and Research is pleased to release this second edition of the California Solar Permitting Guidebook.This updated document builds on the 2012 first edition,with changes made in order to reflect the 2013 California Building Code and other new requirements.The second edition also incorporates new guidance for structural permitting of certain solar installations, an inspection guide, and a simple eligibility checklist for expedited permitting. This update will help address the requirements of the Solar Permitting Efficiency Act(Assembly Bill 2188, [Muratsuchi, 2014]),signed into law by Governor Brown in September,which requires local governments to adopt an administrative ordinance creating an expedited permit process for rooftop solar installations under 10 kilowatts. Under that law,the local ordinance needs to provide a process that "substantially conforms"to that set forth in this Guidebook.The expedited process provided in Sections 3 and 4 of this Guidebook is accompanied by templates that can be easily modified and adopted, and which will ensure standardization,safety,and compliance for systems which meet the eligibility criteria. The term"substantially conform"is intended to allow local governments flexibility to address local issues and considerations while still meeting the goal of streamlining and standardizing solar permitting.The statute specifically authorizes modification of the Guidebook process, if necessary, due to"unique climatic,geological,seismological,or topographical conditions." This specific authorization is not intended to preclude other modifications, as long as the overall process"substantially conforms." For example,substantial conformance allows modifications that may be needed to reflect the operational or planning concerns of local fire departments.The bill specifically requires cities and counties to consult with their local fire departments or districts when developing the ordinance, and modifications should be made as necessary to reflect local variation in these areas. While the cost of solar hardware has declined significantly over the past several years,the"soft"costs including permitting have remained high,in part due to difficult and widely varying permitting requirements in different jurisdictions.The expedited permitting process laid out in this Guidebook has been crafted to greatly improve the uniformity and ease of permitting for most residential solar installations.The improved ease and cost of obtaining a permit will make rooftop solar more accessible to California residents, and make our electricity cleaner. Sincerely, /re......._ Al_Q___/_ Ken Alex Director, Governor's Office of Planning and Research Senior Advisor, Office of California Governor Edmund G. Brown,Jr. 1400 10th Street P.O.Box 3044 Sacramento,California 95812-3044 (916)322-2318 FAX(916)322-3785 www.opr.ca.gov TABLE OF CONTENTS FREFACE 4 ACKNOWLEDGMENTS 5 FURFOSEAND USEOFTHISGUIDE 6 {Part#} CURRENT LAWS, REGULATIONS AND CODES 8 P3�y'111 -,c,%yi:r YState Code Ibquirements 8 Limits on Local Modifications 8 Fe mit Fees 10 Partes THE PROJECT APPROVAL PROCESS 12 Fermit Application and Ran Fbview 12 Ste Inspection 15 Local Utility Approval (Solar R'systems only) 15 Part a RECO M M EN DATI O N S FOR EX PED I TED PERM I TTI N G FOR SMALL PV SYSTEM S18 : 3 PV Toolkit for Local Governments 21 1) Submittal Fequirements Bulletin —Solar Fhotovoltaic Installations 10 kW or Less in One- and Two-Family Dwellings 22 2) Eligibility Checklist for Expedited Solar Photovoltaic Fermitting for One- and Two-Family Dwellings 25 3) Solar IN Standard Ran — amplified Central/String Inverter Systems for One- and Two-Family Dwellings 26 4) Solar PV Standard Ran — amplified Microinverter and ACM Systems for One- and Two-Family Dwellings 39 5) Structural Criteria for Residential Rooftop Solar Energy Installations 45 6) Memorandum of Understanding (MO U) Fegarding Solar Fhotovoltaic Ran leview and Inspection Services 55 7) Inspection Guide for PV Systems in One- and Two-Family Dwellings 57 4,1 RECOMMENDATIONS FOR EXPEDITED SO LA R TH ERM A L INSTALLATIONS 65 74,7:0 (Under development) Fart RESOURCES AND INFORMATION 66 5 Understanding the Code 66 Glossary 79 Additional Resources 81 PREFACE California is a world leader in renewable energy generation.Solar and wind power,as well as emerging technologies such as biomass and fuel cells,are transforming California.Renewable energy is helping to power the state's economy,reducing our state's reliance on imported energy sources and decreasing air pollution. California's state and local governments have set aggressive goals to expand renewable energy.In 2011, California adopted a Renewable Portfolio Standard(RPS)requiring that at least one-third of the state's electricity come from clean energy sources by 2020.Many local governments also have their own targets for renewable energy.Additionally,Governor Edmund G.Brown Jr.has set a specific goal of developing 12,000 megawatts of small-scale, localized renewable electrical power(often called "distributed generation")in California by 2020. Small-scale renewable energy benefits California communities. It increases energy reliability for residents and businesses by generating electricity near where it is consumed.This type of energy can also provide stable electricity prices for consumers and creates thousands of jobs across California. In order to expand small-scale renewable energy across California,Governor Brown instructed the Governor's Office of Planning and Research (OPR)to help remove barriers to its development.One such barrier is the patchwork of permitting requirements for small solar installations throughout the state.Solar energy systems have been installed in California for decades,and their technology,as well as the methods to install and maintain them,is well established.As a result,permitting for these small and simple solar projects should be as simple and standardized as possible. The first California Solar Guidebook t, 7 s--� ''`�"`;r� was published in 2012,the result of E�z "xi k 41,efr a collective effort of stakeholders F � 2 from local government,the building t " � , Ytix. ' industry,professional associations, solar companies,utility providers and state regulatory agencies.Many local h � permitting agencies adopted practices kNI, � and standard documents outlined in t} y the Guidebook.These practices made I A_ -4—0. ,A Aga installing solar less expensive and ) increased expansion of this technology a "_r ��� a in California. m � -:x .�®` ® W Despite these improvements,however,costs to permit solar are still higher than necessary.Increased solar adoption has inundated many jurisdictions with permit applications and inspection requests.Solar technologies have changed,new laws have been passed and codes have been revised.This second edition of the Guidebook addresses those changes,improves upon the recommended process for expedited permitting of solar PV systems,and adds information about solar thermal systems. i California Solar l rmittmg Guidebook` ACKN OWLEDGM EN TS This Guidebook was developed in collaboration with the following individuals and organizations. Ken Alex,Jeff Mankey Governor's Office of Banning and Fsearch Jennifer Alfsen Solar Nexus George Apple CSD Solar Mark Baldassari Leo Patnode Enphase Energy Misha Balmer,Alan Fields,Hilary Fearson SJngevity Bill Brooks Brooks Engineering Larry Brugger International Code Council Seve Burger City of Folsom California Building Officials(CALBO) Emilio Camacho,Bli Harland California Energy Commission Claudia Cappio,Siawn Huff, Kyle Krause,Rchard Weinert, Emily Withers Department of Housing and Community Development Nicholas Chaset California Riblic Utility Commission Val Anderson, Daniel Chia, Michael Galvez,Hilary Wall,tick Hanson SolarCity Sachu Constantine,Claudia Eyzaguirre,Tamara Gishri Center for S.istainable Energy Jason Crapo Contra Costa County Wade Crowfoot Governor's Office Andy Davidson Unirac Bernadette Del Chiaro CALSBA Tom Endow Adams Broadwell Gary Gerber Sun Light and Power Sharon Goei City of Walnut Creek Mark Goodman GLEE Fete Guisasola Bureau Veritas Daniel Hamilton ABAG Alison Healy City of San Francisco Andrew Henning,Kevin Feinertson, Mike Rchwine CalFire Tonya Hoover Sate Fire Marshal Don Hughes Santa Clara County Feter Jackson City of Bakersfield Mostafa Kashe Los Angeles County Janice tduth City of Chula Vista Suzanne Korosec, Sherrill Neidich,Le-Quyen Nguyen California Energy Commission Sheila Lee City of Santa Clara Brian Leong City of Fresno Greg Magofna and Sarah Moore City of Berkeley Jeff Mathias Synergy Solar Tom McCalmont McCalmont Engineering El Murray Aztec Solar Jim McGowan,Michael Nearman, Enrique Rodriguez Building Sandards Commission Les Nelson IAFMO Kimberly Martin, Stephanie Nicholas,Vince Nicoletti San Diego County Susan Oto Sacramento Municipal Utility District Matthew Paiss San Jose Fire Department Rhonda Parkhurst City of Febo Alto Vance Fhillips City of San Ramon Michael Quiroz 3rd Wave Consulting Bob Raymer California Building Industry Association Patrick Fedgate Ameco Solar Rck Fenfro City of Bk Grove Glenn Schainblatt City of S:bastapol Bill Stewart Solar Craft John Taecker Underwriters Laboratories Theresa Townsend Division of the Sate Architect Brandon Treloar Walker Wright Sunrun Shannan West GO Biz Scott Wetch Carter,Wetch and Associates Larry Williams Seel Framing Industry Association John Wolfe Mar Sructural Design Osama Younan,Behzad Eghtesady City of Los Angeles Thomas Yurysta Optony Robert Woods City of Concord Eddie Bernacdhi National Bectrical Contractors Association Brandon Carlson New Day Solar Adam Gerza Sullivan Solar s45.4 4 PURPOSE AND USE OF THIS GUIDE This Guidebook is designed to help local governments and their permitting agencies improve permitting of small solar energy systems. It is also designed to help building owners and solar installers navigate permitting as efficiently as possible.Practices recommended in this Guidebook apply to permitting agencies of all sizes. The Guidebook is also written forpermit applicants with all levels of expertise. -- The;Guidebook is organized mto`five mainsections CURRENT LAWS, REGULATIONSAND CODES: This section explains current legal requirements for solar installations in California. F t :' THE PROJECT APPROVAL PROCESS: This section describes important ,,,,,:„.„1"p42:ti aspects of permit review and project inspection. ! F E RECO M M EN DATI O N S FO R EX PED I TED LOCAL SOLAR PERM I TTI N G: These sections recommend a streamlined local permitting process for small, j y simple solar IN and solar thermal installations, and provide standard forms Part . that can be used to streamline permitting. RESOURCES AND INFORMATION: t � This section provides informational materials that can help local governments clarify current state requirements i- for all solar installations. The Guidebook concludes with a glossary of terms and:a list of helpful information sources for ocal governments and permit applicants n ,r ' This Guidebook focuses on the permit review and approval to install a rooftop solar system.It does not address zoning,land use approvals or environmental review that may be required for larger solar projects. This Guidebook addresses both solar photovoltaic(PV)and solar hot water heating(solar thermal) technologies.These technologies have many fundamental similarities,as well as several important differences. Where requirements are discussed that apply to only one of these technologies,the text will note this. In the course of the Guidebook,several types of solar installation are discussed,including systems on residential and commercial building rooftops,in parking lots and on parking structures and mounted on the ground. It is important to note that each installation type has a certain set of installation requirements. In addition,rooftop installations have some differing requirements depending whether they are installed on a commercial or residential building. The Toolkit section of this Guidebook recommends an expedited permitting process for simple PV systems 10 kW or less and a process for solar thermal systems 30 kWth or less.An expedited permitting process refers to streamlining the permit process for simple,typical solar installations so that permits can be issued in an"over `"6 California Solar l rmittmg Guidebook i'�x 3-e L .ut.'x............. !'..... -,F._� ......,,. CT a. ....1...... ..,..n.., .f_ ..._n,.. «..a. ,e.._....yi...r F.:..t. a...._z.a...-.1....,....Y.:u..,,..�....:,-:� the counter"or similar manner.This Guidebook uses the terms expedited and streamlined synonymously. These thresholds capture approximately 90%ofthe solar systems that are currently being installed.Above this size threshold,a system's design considerations become more complex. Assembly Bill 2188(2014,Muratsuchi)requires jurisdictions to adopt an expedited permitting process that "substantially conforms"with that laid out in Parts 3 and 4 of this Guidebook.Jurisdictions may modify these documents as specified and should review these sections of the Guidebook for a more detailed discussion of this process. An electronic version ofthis Guidebook that includes clickable links to Internet resources can be found on the websites of several California entities:The Governor's Office of Planning and Research,California Building Standards Commission,Office of the State Fire Marshal,California Department ofFlousing and Community Development and Center for Sustainable Energy. L C lifornia lar rmmttmg Gui}de'ook > 7. • F Fart off4 CURRENT LAWS, REG U LATI ON S AN D CODES State:;Cade Requirem ents California's state building codes provide uniform requirements for buildings throughout the state.These requirements are contained in Title 24 of the California Code of Regulations(CCR).The CCR is divided into 28 separate titles based on subject matter or state agency authority Title 24 is the 24th title within the CCR and is reserved for state regulations that govern the desii and constructions of buildings,associated facilities and equipment.These regulations are also known as the state's"building standards:' Title 24 applies to all building occupancies and related features and equipment throughout the state.It contains requirements for a building's structural,mechanical,electrical and plumbing systems,in addition to measures for energy conservation,sustainable construction,maintenance,fire and life safety and accessibility. A common misunderstanding is that.Title 24 relates only to energy conservation.In fact,it covers a much vider range of requirements for buildings.Specific areas within Title 24 identify certain requirements for solar PV installations such as the California Electrical Code,the California Building Code and the California Residential Code(which applies to residential buildings of one or two units). State regulations should not be confused with state laws enacted through the legislative process.State regulations are adopted by state agencies where necessary to implement,clarify and specify requirements of state law.The California Building Standards Commission and the other state adopting agencies review the codes and update Title 24 as appropriate.Title 24 is updated every three years. Several portions of Title 24 govern installation of a solar energy system. California Building Code, Title 24,Part 2 California Residential Code,Title 24,Part 2.5 (One- and Two-famity dwellings) California Electrical Code, Title 24.Part 3 California En erg Code.Title 2-I.Part 6 California Fire Code, Title 24.Part 9 The intent of this Guidebook is to provide consistent interpretation of these Title 24 requirements throughout the state.This Guidebook is not intended to create,explicitly or implicitly,any new requirements. While current Title 24 requirements establish several legal standards for installation of solar energy installations,Title 24 may be amended through the state's code update process to further clarify requirements for solar PV installations.Updated information regarding new code requirements,as well as the code updating process.is available on the California Building Standards website. OLii1 its on Local Modifications S Building Codes Cities and counties in California are required by state law to enforce Title 24 building standards.However, cities and counties may adopt local laws(also called -ordinances')to modify these state building standards under limited circumstances because of local climatic,geological or topographical conditions.This limited allowance means that a city or county may have local ordinances that modify or add to the provisions of Title 24 for solar PV systems.The California Building Code(Sections 1.1.8 and 1.1.8.1) outlines the specific findings that a city or county mint make for each amendment,addition or deletion to the state building codes. .Y, r a "YET' , . ; r r,4y sn--S}^•--^-^sp*-y rt-a ,^z'3","�.*r •fi ?ST' 7 'x"^ 3" Y," x� F�^ ^r ',F S T.+ E-�, vo r 8, 1 California Solar Permittin Guidebook x r u 5 tt ,.,Z` � 1` � 51 Yd .,�.R.}l `` Y' - 3+ �.:F:.J.3.....1w.. ....� .�....,...... �...��.:.'a..+„ .�.-..,_ ..�t.,., a.,..i�.r_�i..�aw._u.C.....s3 _::.,:.-.,..v.S�,Yu"a.5....,.._.... i.-a✓.:.�.....u? ..o..., —1,• .,..,.. e�*-..:� .s'� Cities,counties and local fire departments file these local amendments to the state building code with the California Building Standards Commission.Findings that are prepared by fire protection districts must be ratified by the local government and are then filed with the California Department of Housing and Community Development. PLANNING AND ZONING REQUIREMENTS California's cities and counties have authority to adopt laws that govern local land use.Local governments typically enforce their own general plans and other comprehensive plans that guide development in their communities and then adopt local ordinances and zoning regulations to enforce these plans. Local governments generally can adopt local laws regarding where certain land uses,such as large commercial energy generation,can be located within their communities.A more detailed conversation regarding land use and zoning for solar projects is addressed in a 2012 guide produced by the California Planning Directors Association (CPDA),which is referenced in the Resources section of this Guidebook.This guide recommends several steps to streamline land use decisions regarding solar energy. REQUIREMENTTO ADOPT AN EXPEDITED PERMITTING PROCESS FOR SMALL ROOFTOP SOLAR Assembly Bill 2188(Muratsuchi,2014)requires local governments to adopt an administrative ordinance that creates a streamlined permitting process for small rooftop solar system installations on or before September 30,2015. It also limits the number of inspections that may be required. These requirements are applicable to solar energy systems that 1. Are no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal 2. Conform to all applicable state fire,structural,electrical and other building codes as adopted or amended by the city,county or city and county and paragraph(3)of subdivision (c)of Section 714 of the Civil Code 3. Are installed on a single-family or duplex family dwelling 4. Do not exceed the maximum legal building height as defined by the authority having jurisdiction The law also requires that this streamlined process`substantially conform"to the permitting process laid out in this Guidebook.See Parts 3 and 4 ofthis Guidebook for an explanation of this process. Finally,the law sets limits on the cost and efficiency impacts that homeowner associations may have on proposed solar projects.The full text of this bill can be found here. RESTRI CTI ON S TO LOCAL LIMITS ON SOLAR ENERGY Where solar energy is generated for on-site use,state law clearly limits local governments'ability to unreasonably prohibit solar systems.The following state laws place limits on local regulation of solar energy systems. California Solar Rights Act The California Solar Rights Act is a state law,passed in 1979,that elevates the timely and cost-effective installation of solar energy systems as a matter of statewide importance.The law establishes the right of homeowners and businesses to access sunlight in order to generate solar energy,limits the ability of local governments and homeowner associations(HOAs)to prevent the installation of solar systems and prohibits a public entity from receiving state funding for solar energy programs if it unreasonably restricts the installation of solar energy systems. The act's preamble provides the overarching intent of the act by stating: e . —..-.5aiu...i ...tw...s...`.e •aw3........,e .-v..."..::....ns1.,.r�:...'ie,y. . ^!^2-^ _a %' r -2_^ r �i rr^. z ^ - : r. ^5r,::T, ,rZFr > Y f `s " rPt 1 t al� a9} - arfCu? nlwgultonsand ',.,,j,,,-;.1.es y4 L.L_�L. ti. r�s.,.3..._.A,,,._.. _ .ii:.. ._ ,,. v.: r...... _ ... cs .. v.... t. n.$. ; q�irmr..i.; •h.0 It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy sy ens,including,but not limited to,deli n review for aesthetic purposes, • and not unreasonably restrict the ability of homeowners and ag icultural and busine concerns to install solar energy systems.It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use.It is the intent of the Legislature that local agencies comply not only with the language of this section,but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to,and minimizing costs of,permitting for such systems. The Solar Rights Act also requires that local governments use an administrative,non discretionary review process for on-site solar energy systems.As indicated above,no restrictions related to visual or aesthetic concerns are permitted.Section 65850.5 (c) of the act also prohibits local governments from denying a use permit for a solar energy system". . .unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific,adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific,adverse impact.The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact:' Specific requirements of the Solar Rights Act have been refined through a series of court cases in recent decades.For a more detailed understanding of specific legal requirements of this act,please consult a report completed by the Energy Policy Initiatives Center at the University of San Diego School ofLaw,which is detailed in the Resources section at the end of this Guidebook. Requirements of the Solar Rights Act are contained in the following sections of California law:California Civil Code,Sections 714 and 714.1;California Civil Code,Sections 801 and 801.5;California Government Code, Section 65850.5;California Health and Safety Code Section 17959.1;California Government Code, Sections 66473.1 and 66475.3. California's Solar Slade Control Act California's Solar Shade Control Act,enacted in 1978,is a state law intended to protect solar systems from being shaded from sunlight by neighboring trees or buildings.A 2008 amendment of this act limits the application of this law to situations in which a neighbor receives a notice that a solar energy system will be installed that.they might shade if they plant trees or remodel their building. Requirements of the act are contained in California Public Resources Code,Sections 25980 through 25986. CEQA Exemption for Certain Solar Installations Senate Bill 226,passed in 2011,is a state law establishing that certain solar energy systems are exempt from environmental review under the California Environmental Quality Act(CEQA).To qualify under this statutor y exemption,a solar energy project must be located on the roof of either an existing building or on an existing parking lot.SB 226 makes clear the legislative intent that rooftop and parking lot solar projects do not require in-depth environmental review. This CEQA exemption is contained in Section 21080.35 of the Public Resources Code. 03P eniit Fees Current state law requires that fees charged by a local enforcing agency for permit processing and inspection cannot exceed the reasonable cost of providing the service for which the fee is charged.In other words,fee revenue must only be used to defray the cost ofpermit processing and enforcement and cannot be used for general revenue purposes.These requirements are contained in Government.Code Section 65850.55, Government Code Section 66016 and State Health and Safety Code Section 17951. ,y TVar .. v� C5i n r " Fg4 tx v tNTp xs y <" ' JH m - cT yTSF - 0 'rCalifotntaSolaP�rmittit7i00debook , . ( , � iF 4 - YAA • A. Government Code Section 66015 further sets specific limits on the amount local enforcing agencies can charge for solar PV permit fees.Fees in excess of these limits must be explicitly justified and are prohibited unless the municipality determines that it has already adopted a streamlined permit approval process. Permit Fee Limits for PV .0%4.- r sra ' C ; - • 4 } mercia .-.--a�....3.,.,.n m->.S =,.a,+�, i 1.-_,t1.'S+i-..f.e�n..i.k-e._,},., .'t..., '•_'�; :. - 15 kW or less $500 50 kW or less $1000 More than 15 kW $500 + $15 per kW 50 kW-250 kW $1000 + $7 per kW above 15 above 50 kW More than 250 kW $2400 + $5 per kW .....t= _' .. .w• :. _`v„ ;..z. . ',... . r.;' ..,', .. . . above 250 kW While some local governments have yet to comply with these laws,other local governments have reduced or even waived fees to install solar systems,recognizing the many benefits created by expansion of solar energy in their communities. r a r i a �-:5 W F 7, .-M. - 1 44Part I Current Lawlations and Codes tet. 11 � �.v.�i:.t �.�i-. h Part r ` THE PROJECT APPROVAL PROCESS Securing approval for a solar energy project involves several basic steps.First,a permit application is submitted to a local permitting agency,known within government as the"enforcing agency"and reviewed by that agency. Typically,a permit is submitted on behalf of a building owner by the contractor installing the solar energy system.Once the permit application is approved,the applicant has permission to build the solar installation. After the solar installation is constructed,it is inspected by the enforcing agency to ensure it complies with applicable building codes and local ordinances.Each of these steps is described in more detail below. ,1;1! 'o �ST4EPS'FORzFERM,ITREVFI,EW,AN'D#APPROVAL t• }' 4t " �,! CaP%h14 A a •}.e. `r `7 r aC "�%��.• iE::'.�_r.,o. k-#-1.?.tf3..A.r� ,:.v�t��.�.. •�.�r..�'i .#±� _�-'�-1'+^3:,�-,s��-!,'+-�.�.+r`. .,si 2--.i_�: �.g,.'.FX.�. rA 1� " y�5._ �.^+� Locatl Enforcing Agency Review S bmit permit , , u"' Construction Ste inspection, application �rrnit review T Y`j �� of solar Pv' ,� and a{?pi oval rMt and final and mater tals system �� apps oyal t 3 Local~UtilityApproval Sibmit request to;` interconnect" Ste inspection and the solar' installation to the ,.4igtinterconnection approval , local elects icity gi ld r � , a For solar PV installations,during the local agency project approval process the permit applicant should also contact.the local utility provider to request permission to connect the solar installation to the local distribution grid.The solar PV system cannot be"turned on"until approval is granted by both the local agency and the local utility. Well-informed solar installers and knowledgeable,well-trained local agency staff are critical to achieve an efficient permit approval process.Please consu It the Resources section of this Guidebook for information on training available to both solar contractors and agency staff.Effective training is one of the most important steps that local governments and the solar industry can take to ensure efficient permitting. rPeniut Application and Plan Review This section explains the permit review process for solar energy installations and common issues that must be addressed to minimized unexpected delays in the permit review process. Enforcing Agency Review The first step to build a solar installation requires applying for a permit to construct the installation from the local enforcing agency,which is most often the local building department.Each local enforcing agency is organized slightly differently,but all have an established process for receiving,reviewing and approving permits. c•r—zY+^ i..t --^'a{ ''" '7`""s �'ps i < 7�e r"i'.""`"T^-T. r•^,, "'�„' -�^rt+- -* ,n 1 g'T' t 4 »."' R 3i j Ya.t I Jh } , t �� k3. `�yP .� .5v fid. ix3`5A4�A t 4 3a 1;24 California Solar'PetmittmgkGuidebook , `r j fr � ,�ttd�yi....'�.;.,..:;a....,,..,,_,.:tt:;.� ..ti...._.t....,.._.......__....._..... �..............b_._....%.�...• .....a ..a,....tus3.... ..,..`t',.u...,-._:!r....:i.u..�..3�.La:, ts._c.:a:i• :rL.�.cr._:,� +�>�' a :� The local agency enforces all Title 24 requirements from the state as well as any local requirements on solar energy installations.In many cases,the local agency must interpret how state requirements apply to certain buildings.The enforcing agency must verify that the installation complies with structural requirements and for solar PV installations must verify that it meets electrical requirements and applicable fire safety ratings.Each of these areas is discussed in detail. Structural Requirements Installation of a solar energy system on the roof of a structure adds weight to the structure,commonly referred to as"dead load."This additional weight must be accounted for to ensure that the building can safely bear the weight of the solar installation.In new construction,this additional load is usually addressed easily and at very little cost.Where a solar system is added to existing buildings,the cost and complexity of adding weight to the roof vary depending on the structure of the building and roof. Solar panels also may impose loads generated by seismic forces and,in some areas,by snow accumulation. Solar panels must also resist wind forces. The California Building Code and California Residential Code contain specific tables that determine the required size and spacing of structural support for a roof according to assumed design loads based on roof covering,roof slope and snow loads.These specific tables do not address structural support that is required for additional equipment on rooftops such as PV systems. Roof structures are also designed to carry temporary construction loads,termed`roof live loads;'in addition to the self-weight of the structure.Solar arrays,if installed close to the roof surface,displace roof live loads • such as workers and bundles of shingles.This displacement of roof live load creates reserve load-bearing capacity that can be used to justify additional dead and wind loads from solar arrays.This approach is the basis of the Structural Toolkit on page 31 that enables"over-the-counter"permitting for prequalified systems without requiring project-specific structural calculations. Building codes do provide design criteria that an engineer or architect can use to calculate the required structural support required for additional loads on rooftops,such as solar energy systems.The Solar Guidebook';Structural Toolkit suggests criteria for when a licensed engineer or architecture may need to be consulted when adding solar arrays to a roof structure and when a prequalified system does not require project-specific structural calculations.By reviewing a jurisdiction's expedited procedures,permit applicants can learn when the local enforcing agency specifically requires the services of a licensed engineer or architect to verify proposed plans for a solar energy system,and when the jurisdiction has an alternate method that waives such requirements. Electrical Requirements (Solar PV systems only) Individual components of solar PV systems must comply with the California Electrical Code(CEC).This requirement applies to several system components,including but not limited to the installation's panels, modules,wire,inverters,connectors and disconnects.The CEC requires these components in the solar PV system to be"identified and listed for the application"It is important to ensure that the solar system's components are listed within a product standard that covers the proposed use. Currently,no complete system listings exist for solar installations,but rather system listings exist for a solar PV installation's individual components.Components that are identified and listed for solar PV installation application must be installed in accordance with both the California Electrical Code and the manufacturers' installation instructions. Solar PV systems that use components listed for the application and are properly designed and installed constitute a code-compliant system from an electrical standpoint. �.,,�..- # _ 4 ','x�.. _^ s �, ..+f a+ r.f+ ' m r 3: pp.� 'r s.T -„',7rr< �' f {:r 4,.5 - s *rt f._ '' r s ::..,.. ;`,-,,,,,.*:, ,..,,X...,`, rQ rt 2 �- � � � y � � ,The Protect Approval Process £w� X13 t .1.i:latL''1......a.L; .sL F---- a.:.. :�E.14,1.,>• a..i..ti z r...=�u M..3....,.,w ' rf�_ C,,- t.,fi_v . 'rE..i..:,..3.h r,,. d._s.3:.,..,... .. ria; ..a r.rr._�`.,_ .. i -: ea':.w In some circumstances,a professional electrical engineer may be required to design the electrical portion of the proposed solar PV system.The enforcing agency determines if this is necessary based on the complexity of the system.In many cases,an electrical engineer is not required,as licensed contractors are capable of completing the necessary sizing calculations and can specify the components needed to make smaller systems work safely and properly. The California Electrical Code requires that portions of electrical systems,including solar PV systems,should only be accessed by qualified persons.This rule is intended to ensure that only people who have training or understand relevant hazards are allowed in certain areas of an electrical installation. Fire aassification, Safety and Roof Access and Pathway Requirements (Solar PV systems only) Buildings in California may be required to have a fire resistant roof covering,depending on the type of construction,occupancy or geographical location of the building.The California Building and Residential Codes recognize three fire resistant roof ratings:Class A,B and C.These ratings are established through specific testing methods based on the ability of the roof covering to withstand fire that comes from a source on top of the roof structure.Roof materials with Class A fire resistance rating can withstand a high exposure to fire without allowing penetration or ignition of the structure,while Class B and C materials have lesser ability to withstand fire. California statutorily requires all roof materials installed on buildings throughout state to have a minimum Class C rating. Beginning in 2015,solar panels must have a fire resistant rating that conforms to the fire rating of the roof beneath.' The installation of solar PV systems must also allow for fire department smoke ventilation operations.The California Building,Residential and Fire Codes outline the requirements for a roof access point and clear access pathways along the roof(for more detail on these requirements see the Code Bulletin in the Reference Toolkit).The installation of solar PV systems may be subject to additional provisions adopted by the local enforcing agency. Fre Service Approval (Solar PV systems only) Permits for solar PV installations are reviewed to ensure compliance with fire safety requirements.In many communities,the enforcing agency coordinates directly with the fire department to ensure fire safety of PV projects and the permit applicant does not have any direct contact with the fire department. In some areas,the local fire authority is a fire district or special service district organized to provide fire services. Unlike a fire department,which is typically part of a city or county government,a fire district operates independently under the direction of a locally elected board.Many jurisdictions have established a memorandum of understanding between the local fire authority and the building official that allows the building official to determine and approve fire safety requirements. In circumstances where the fire authority is separate from city or county government and no MOU established, applicants should contact the local fire authority early in the planning stages of a PV installation to determine if there are any unique requirements or approval process within the specific jurisdiction. In 2008,the California Office of the State Fire Marshal released a final draft guideline related to solar PV roof installations.This document was developed through collaboration with local fire departments and the solar industry with safety as the principal objective.The guideline intent was to provide the solar industry with information to aid in designing,building and installing PV systems to meet this objective. 1 Other requirements for higher classification may apply.Also see California State Fire Marshal Bulletin 14-002 and addendum. . ,.c�`r.... i 4rk -r a, s , 7,72t " r �- 70 wWf, "d W , _ 3:77 aY " ' z s n ^/r4h , CalifoniaSlar Pemltting',Guidebooy s x ' ; te l.,. `» kra _,. rL. b:e ' mwa. ,:..L .:,,: a,-cau sa6 ., vskmaL:z:: c . `t _' ';. -'..t,2k, • Portions of the 2008 State Fire Marshal guideline were adopted into the 2012 International Fire Code and are included in the 2013 California.Building,Residential and Fire Codes.Permitapplicants should contact the local fire authority to determine if specific fire safety requirements beyond current state regulations have been adopted in the local jurisdiction. Planning and Zoning As noted earlier in this guide,California cities and counties have authority to adoptlaws that govern local land use,but are limited from restricting solar energy systems where energy is being generated for use on-site. Local governments have more latitude to determine where large,commercial energy generation can be located within their com munities.For commercial solar energy projects,developers should determine what if any local plans,laws or regulations govern where the project can be located. f Site Inspection = ti After a solar energy system is installed,an inspector from the local enforcing agency physically inspects the installation.This field inspection is the last step before final project approval is granted by the local enforcing agency(note that a PV system cannot begin operating until it has received approval from both the local enforcing agency and the local utility).The field inspection ensures the solar energy system has been installed properly and according to the approved plans.Some local governments conduct"rouglf'or preinspections to ensure,for example,that roof penetrations are compliant with code or other requirements.Others may inspect. the structural integrity of a building prior to installation. Inspections focus on verifying that an installation is compliant with applicable building code,electrical code and fire safety requirements.To ensure building code compliance,an inspection will verify proper material selection,soundness of structural attachment to the roof or ground and that all components are securely fastened.Inspection of a solar PV installation's electrical system often focuses on wiring methods,circuit protection.grounding and safety signage.To ensure fire safety of a solar PV installation,the inspection verifies labeling of equipment to limit firefighter exposure to electrical voltage,space for firefighters to access the building or structure and limitations in roof installations due to firefighting suppression techniques. Currently,inspection standards for solar energy systems can differ among jurisdictions clue to differing interpretations of code standards and inconsistent expertise among field inspectors.Permit applicants should ask the local enforcing agency to provide a clear explanation of what the on-site inspection will entail, including what elements of the system the inspector will examine.This Guidebook provides a set of standard inspection criteria,which will eliminate much of this variation if adopted by jurisdictions. Local enforcing agencies also schedule and execute site inspections differently.Many jurisdictions are able to complete a site inspection within one or two days of notice that construction of the solar installation is completed,while others may take longer.Similarly,some enforcing agencies are able to predict a narrow win clow of time within which an inspector will visit a property,which saves the permit applicant's time and money,while other agencies are less precise.Enforcing agencies should work to minimize the delay between the permit approval and site inspection and to minimize the inspection window.Finally,enforcing agencies should strive to eliminate"rough"or preinspections and,instead,ensure compliance with all applicable rules and requirements during the final inspection. 0401Utility Approval (Solar PV systems only) All solar PV installations need the local utility's approval to link into the electricity gid,a process commonly referred to as"interconnection"This interconnection approval must be wanted before a solar PV installation r ,.. c -e°^- -x� �. r^�-zz^, �.� tom .. rti~ rzsrs� . rw"r.-,--fir' •'�e'-4 f^ .T ''c <r e FFF s, .' r.,k `� Pact 2 llie R o eet A proval a Dews 1$ r y-z }' ; ,y_ d ,t C -ref aM 'x ,. 4 � 5 s ky ,agd 4y 4 N 9 - f"tca to ; ,r. ;-e. �, *-0 3 Y `M' ;b Zv.�.v..�':.,ca.,.:.' _a .ei.:..,-. m.1 yz..i '...r.��..�x-..,, .._.hx"%am.....:.3..--a_..=.�.. ..a,.Ab..:.':: ...._,5.i.s..�., ..........,-.....::..�� -' .. .::at'4....,�::....,%t f4�,._= :m.=..s :,.a ._ is allowed to operate and is completely separate from local government approval for the solar installation. Interconnection approval ensures that a solar installation will safely connect and operate on the electricity grid. Understanding the utility§requirements and process is very important.Permit applicants should contact the local electric utility at the beginning ofthe project planning stage, Utilities provide information about required interconnection agreements and can also provide information about available financial rebates or incentives. A permit applicant may.also apply to the local utility for incentives available for new solar systems under the California Solar Initative.To qualify for rebates or other incentives,property owners may be required to complete an energy audit before installing a PV system. California's local utilities differ regarding when they require ortilities allow filing aniinterconnection local city .or county. Also,utilities may require one or more on-site inspections of the project before approving the interconnection agreement.This inspection process is completely different from an inspection performed by the local permitting agency. The Public Utilities Code requires that all electric utilities respond within 30 working days after receiving a completed application for interconnection.To help ensure an application is considered complete when first submitted,permit applicants should contact their electric utility to learn the specific information and forms that must be included in the application. Each utility provides information on its process for interconnection approval for solar PV installations on its website. The Resources section of this Guidebook provides weblinks to this information for the state's largest utilities. X.�F t4'2.! � �`�. 4. 't c''' a"�:�"v 4r --,,,y---}° ro b ^n,° �� -r ix x m r ,,,t: .� ��aa 9�,r'�y �'v � �dz �, tom,. EQUtCK TF'PS FORc.GONTRACTOJ,.. ,1,1„...,,,',,..;,..,..-,...**---,,.O• PEY OWN ERS, , ri f ' ' ,f A •' - } i0r x's£�" as sy re:- �, N ti Y A. Wt HEN A�P,PLYI N G FO R A�PERM;IT�~ , 4 _{,. . c ?,s.7..fi x.-i'''f..r,+'S, 43 B K...c..` ,..FG,hr1-.,Z7`w 5' "k_G .�_i t+is S Lt..S`Y4F*',' +`}t,i ; si.� t ' r� ,Permit applicants can`save time and money by following these tipsi J ' a 1 1 ,.y 4 t Y.,,,,: ` r .1 •Take time to review permit requirements of the local jurisdiction , Permitting rules and processes differ among different cities aind counties Understanding„_,,,,, i1..alal requirements will allow:permit;applicants to submit a complete and accurate permit application packet the first time .`,,i.::-•,`:::„..._•,:',. 'l h Y • t d • Contact'the local electric utilityearly=in the permitting process (solar PV { installations) . t Local electric utilities have a completely separate approval process from tire'local�urisdictions ' . permitting process Some electric utilities may�require that the solar project be reviewed befm e i s the local jurisdiction issues a building permit ,Pursuing utility approval early m the:permit process enables the solar;'PVsystem to become;opeiational as'soon as possible s% ' • Make sure that the solar installation that is=builf matches the.submitted .plans The onsite ms `ector will vera 'that the installation ali s with ro osed fans and an chap es R ' P p P Y g may require corrections and additional inspections Y16 L7I-71":„TI:r7,L71, rnia Salar`Elrrmitting G,,-uidebook a a �4 ` z r�m-.. .ti, ', v. �.. � r r # i, �. 7e",:,-; d T... s1 ' ,;} s.RF r ,-'-'-''''-'''f' 'n "t 4, r"a. c . r,',:,...„-,.e.;QUICK $TIPStFORrLOCAL}R`PERIUIITS�I.NtiG.,AGENCIES .'t r, _ ^t- �1-, ...%�.f .tt.>....'.- d1 ._:.er1/4 -ar 1:+- ,s. i+ f 9 ;, ,n.t : 1 '� y iso i. +r t '" u t Local agencies can save valuable stafftime and resources by following these tips t` I �' `` is rt v { • Provide clear written instructions on the permitting process ' Making this information available on the Internet and at the department 'eountei are low cost waysto reduce ei:rozs bypeimit applicants �' x = a-. t "i •Takesadvantage of information technology :� l } Online or electronic application submittal and permit;issuance,mcludmguse ofe signatures,, r can minimize or eliminate backlogs at the counter and,thus,free upstafftime to focus on•more 'i complex permit applications `k . ,r i t f t 1 t tr f� 7 - -j,'7.,.',;",,:,,1. .1 L k �. t V )5' Y J 4� • Use standardized forms , >r y. Using standard forms that permit applicants simply fill out simplifies review for staff and 'reduces F thie possibility of omitted mfoi matton , • Consider hosting contractor trarniTng ,events y j Pai tnermg with the solar contractor community to tram contractors,on proper permit submittals: a represents a small investment oftime that may avoid hours of staffwrk processing flawed l �t � r wt _ permitting applications 1 l7f t I ¢) , h p. L • Standardize requirements across�urisdictions `r `` ; Using common permit materials,such as checklists and standardtplans,across city and county y hries`reduces permit submittal ei roi s among contractor s working througho t a region l 1. _ w,.... ,..r n.,,t,,,,, ,,,.,.--,, a� ,..,. ._. J,n '�.,_ ,... 1.� .• t_.�.. .Y < l.r�¢:.:. �... .i'�1 • 4 '+^a 3s t:j°^�'�x'�*°-`�ti�#A'�, -:nc+ �'3 r' lrP rau_ � �' ;`", ""� ""+x a .'�a i a:- "r^-r^' 1,1.t ..-•$.*--ria...�.r{.. �m s r S r ,y'. f� '&`. t_r �. r a4 .� '�r..R+. = 4'.-.3 , ''�` 'r ° r a- �`-�a' k? er 4't �Fi 5'r s;� '7°€' . �r' - }�`s s"' : 1 r '4y,.'r; :0-.'a `"'-'i v r 1' x� #-h`t ,� , , � ' c� �,,o `� .,+`��, rsS Par 2 The R;oect Approval Pr -,,,,,,t ce��ss 17'v 4itt$to,112. s L.�+f4'+> �e�r � F...:u._ni..aiS:k..: �.!'S a, '. "ov�°uY„9- "�J.t?.� a 1,$l,"fi�ctku-.a+t�.''�.«.,r ,s.,.0'L `fi "'. .Rpt, >"s;�; ." .,`...ik':a,� - .t;L" uu part RECO M M EN DATIONS FO R EX P ED I TED PERM I TTI N G FOR SMALL PV SYSTEM S A streamlined,expedited permit process for small solar PV systems that simplifies and consolidates the structural,electrical and fire review of the PV system,can eliminate the need for detailed engineering studies and avoids unnecessary delays.Many local governments in California have already taken steps to streamline solar permitting realizing resource savings and increased throughput.These efforts have helped to inform the following recommendations. A streamlinpe ed mit process for solar PV.projects 10,kW or less includes,but is not limited to,the following elements.;' .1 Use of a simple-elig_ibility,checklist to;determine'whether projects qualify,for eX . edited ermittin andre uisite:written materials i • Use of a standard plan 'to describe the proposed'solar PV pr;olect in'the permit application A standard plan reduces-applicant errors.and can simplify review. Permit application.materials are made available;through the Internet •.Application submittals; fee payment signatures and perrnit issuance are: .;completed electronically, here capability.exists.. A.;streamlined processfor structural review. • For eligible; The model streamlined permit process recommended in this section is intended to apply to PV systems with a maximum power output of 10 kW or less that meet certain criteria.As PV systems increase in size and complexity,the ability to handle these projects via a standard framework diminishes.However,it should be noted that larger PV systems or installations with complicating factors can still be approved in a timely manner through a clear and efficient permit review process. It is not the intent of an expedited process to circumvent the engineering process.Rather,the intent of a streamlined process is to recognize the similarities among these smaller systems and establish guidelines to determine when a PV project is within the boundaries oftypical,well-engineered systems. Efficient permitting requires cooperation among local permitting staff and solar contractors.Many local enforcing agencies have provided informational training for agency staff and solar contractors to explain local requirements and vice versa.This training has resulted in better educated staff and contractors,reducing permit application errors and saving time and resources for the local permitting agency. PV Toolkit for Local Governments The seven template documents provided in this section form an optional toolkit that local governments can utilize to reduce their costs of permit review,approval and inspection,and to ensure a predictable and efficient process for permit applicants. Assembly Bill 2188(2014,Muratsuchi)requires local governments to adopt an expedited permitting process that"substantially conforms"with the process outlined in this Guidebook.According to the bills author: "The term `substantially conform'is intended to allow local governments enough flexibility to address potential changes that they believe are necessary while still meeting the goal of streamlining and standardizing solar permitting. Further,AB 2188 states that local governments may modify the Guidebook,if necessary,due to'unique climatic,geological,seismological or topographical conditions:These modifiers are intended to provide additional flexibility for local governments and are not intended to limit how the cities and counties`substantially conform'to the Guidebook" The author further notes that this flexibility is also intended to allow jurisdictions to make any changes necessary to reflect the operational needs of local fire departments or districts. The templates in this toolkit can be adopted in many jurisdictions with only minor administrative adjustments. However,building officials should review these documents and the assumptions on which they are based,and make further modifications as necessary to meet the needs oftheir jurisdiction.Jurisdictions are not required to notify the Building Standards Commission of modifications to these documents when adopted. Templates for streamlining permitting of small systems (10 kW or less) on one- and two-family homes • Submittal Requirements Bulletin—Outlines the necessary steps to secure permits and details what materials must be submitted in the permit application and key points of the on-site inspection. • Eligibility Checklist—Defines the size,electrical,structural and fire safety requirements for solar installations to qualify for streamlined permitting. • Standard Electrical Plans—Enable applicants to"fill in the blanks"to explain the electrical configuration of a solar PV system.This toolkit offers two simplified standard plans that can be used for small solar PV installations:one for systems using a central/string inverter and another for systems utilizing microinverters.Comprehensive standard plans for central/string inverter and for Y T +-r ▪yF'T x ' a]r r..4-3--377,7'7t7-077-77k77277737.7, 7 s Fart 3�ftcornmendationsfor Expedited{lir fitting for mall Rf ,stems ` 19 L .....�... _i,.,..c.�..w..tes..�,-�'�....�.sz .,.�a....�:`.sY...▪w..-•y'%.....e...._,.a..::�ir,.i .v. ...l...Gz::a. `''u .. qac .amt .7�. ''n 6. `+'." �,nt:, .... 5,.. s. . microinver ters are available online,provide instructions for the simplified standard plans and can be used for PV installations that do not fit into the simplified plans. Materials to further improve permitting of solar PV systems of all sizes • Example MOU(memorandum of understanding)—Provides a template agreement between two local agencies to coordinate permit review and approval.It can be used,for example,to streamline review between a local building department and a local fire service. • Structural Criteria—Ensures structural code compliance for flush-mounted solar arrays.It enables applicants to submit a simple list and supporting documents after conducting a site audit to determine structural conditions.A technical appendix describing the technical analysis behind these criteria is listed in the Additional Resources section. • Technical Information Bulletin for Solar PV Systems(on all types of buildings)—Provides consistent and comprehensive information regarding current state requirements for solar PV systems on all buildings,including both residential and commercial buildings,in a local jurisdiction. It could be issued as a department advisory or as an informational handout and can be used by solar installers as a reference document.Enforcing agencies can modify the information bulletin based on local needs or policies. • Inspection Guide—Provides a code reference and field inspection sheet for solar PV systems inspections.This guide is meant to improve consistency and uniformity in inspections and to provide permit applicants with a clear understanding of the process. '^7. - t°'T a �""y"' y ^.e-•n C ,_ r ai 4 "'&-^F',i" "7 ;y`rrr^a-r. s .� ,20r t' Californi6So1ar4I rrr ttingkGuidebook ,:i ; ' 1