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 . - {
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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.
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California Solar Permitting Guidebook
Improving Fermit Fbview and Approval for Small Solar Systems
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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
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� . _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
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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
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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
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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.
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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:
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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.
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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
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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.
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44Part I Current Lawlations and Codes tet. 11
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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.
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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.
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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.
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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.
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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
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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.
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,Permit applicants can`save time and money by following these tipsi J '
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•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
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• Contact'the local electric utilityearly=in the permitting process (solar PV {
installations) .
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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
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• 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
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may require corrections and additional inspections
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Local agencies can save valuable stafftime and resources by following these tips
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• 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 �'
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•Takesadvantage of information technology :� l
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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
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• Use standardized forms ,
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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
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permitting applications 1
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• 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
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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
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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
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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.
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