SR-07-28-2015-7DCity ncil Report
Uiy of
ti86r8 MOIi iC %'
City Council Regular Meeting: July 28, 2015
Agenda Item: j —D
To: Mayor and City Council
From: David Martin, Director, Building & Safety (PCD)
Subject: Adopt an Ordinance setting forth an expedited, streamlined permitting
process for small residential rooftop solar energy systems as required by
Government Code Section 65850.5.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance which sets forth an expedited, streamlined permitting process for small
residential rooftop solar systems.
Executive Summary
In 2014, the State of California adopted Assembly Bill 2188 (2014, Muratsuchi, Codified
as Government Code Section 65850.5 and Civil Code Section 714), which requires all
local jurisdictions to adopt an ordinance to create an expedited, streamlined permitting
process for small residential rooftop solar energy systems on or before September 30,
2015.
Small residential rooftop solar energy systems include solar photovoltaic systems that
are less than 10 kilowatts alternating current or solar thermal systems that are less than
30 kilowatts thermal. AB 2188 requires that the expedited, streamlined permitting
process be substantially in conformity with the California Solar Permitting Guidebook
adopted by the Governor's Office of Planning and Research.
Background
Assembly Bill 2188, which amended Government Code Section 65850.5 to require all
local jurisdictions to establish procedures for expedited, streamlined processes for
permitting and inspection of solar energy rooftop systems for small residential dwellings
which includes single - family and duplex dwellings. The amendments to Section
65850.5 include the requirement for a jurisdiction to adopt an ordinance for the
expedited, streamlined process on or before September 30, 2015.
This process includes the establishment of a checklist containing objective requirements
1 of 4
for the installation of a solar energy system and a process for electronic submittal of
permit applications. The content of the checklist requires the permit applicant to check
the features of the existing residential dwellings such as proposed location of the solar
panels or array, number of panels, kilowatt rating of the system, roof material, roof pitch,
roof framing members, mounting hardware, inverter location, electrical disconnect
location, routing of conduit, and clearances to comply with all applicable building and
fire safety laws. The checklist also assists the applicant in confirming that the height of
the solar energy system will comply with the district height limit in the City's Zoning
Ordinance. Section 65850.5 requires that the City's checklist substantially conform to
the California Solar Permitting Guidebook of the Governor's Office of Planning and
Research. Additionally, Section 65850.5 further limits the City in conducting only one
consolidated inspection of the solar rooftop system. The law does allow for additional
inspections if the initial inspection fails to find the system to be in compliance with all
applicable laws.
Assembly Bill 2188 (2014) also amended the California Civil Code, Section 714 to
require certification, by an accredited listing agency as defined by state law, of solar
energy systems for heating water in single - family dwellings, and standard performance
compliance for solar photovoltaic systems. The amendments to the Civil Code Section
714 further provides that in the context of private transactions (e.g. HOA restrictions),
restrictions on solar energy system must not significantly increase the cost of the
system or significantly decrease the efficiency or performance.
Staff recommends that Council introduce for First Reading the attached ordinance,
given Government Code Section 65850.5's requirement that all local agencies adopt
such an ordinance to create an expedited, streamlined permitting process for small
residential rooftop solar energy systems on or before September 30, 2015. However,
as the contents of this ordinance only set forth direction to staff on administrative
processing permit processing requirements, and contains no substantive technical
content, staff is only recommending codification with reference to the California
Government Code. Most of the procedures currently in place, such as electronic
2 of 4
submittal of plans complies with the requirements of the Assembly Bill and staff assures
that successful implementation of an expedited, streamlined process will be available to
permit applicants by September 30, 2015
Building and Fire Life Safety Commission Action
The Building Officer and Fire Marshal held a public meeting with the Building and Fire
Life Safety Commission on July 6, 2015 where the Commission heard staff's proposed
procedures for an expedited, streamlined process for solar energy systems. The
Commission provided comments regarding balancing the requirement for expedited
processing while verifying the fire, life and safety aspects of solar energy systems and
maintenance of public protection. Staff intends for the application and checklist process
to create a standardized system of issuing permits for compliant installations. Staff
assured the Commission that all requirements of fire -life- safety will be verified during
the required one inspection and additional inspections if necessary.
The Commission's action was a unanimous recommendation to approve the ordinance
Next Steps
Concurrent with Council's adoption of the ordinance, staff, is taking the measures to
meet all requirements of Assembly Bill 2188 (2014) by September 30, 2015. This
includes finalizing the application checklist in conjunction with the California Solar
Permitting Guidebook, measures for structural and electrical compliance, and standard
items for Fire Prevention safety. Building and Fire inspection staff is also developing
procedures for expedient and thorough inspection of the solar installations.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Ron Takiguchi, Building Officer
3 of 4
Approved Forwarded to Council
David Martin, Director 7116/
Attachments:
Elaine M Polachek, Asst. City MaWJ@iQOI5
A. SolarEnergySystemsProcessing0rd07282015 (PDF)
4 of 4
City Council Meeting: July 28, 2015 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SETTING FORTH PROCEDURES FOR EXPEDITING PERMITTING PROCESSING
FOR CERTAIN SOLAR ENERGY SYSTEMS
WHEREAS, the State of California and the City of Santa Monica has consistently
promoted and encouraged the use of solar energy systems; and
WHEREAS, the State of California recent adopted Assembly Bill 2188, which
requires local agencies to adopt an ordinance that creates an expedited and
streamlined permitting process for small residential rooftop solar energy systems; and
WHEREAS, creation of an expedited, streamlined permitting process for small
residential rooftop solar energy systems would facilitate timely and cost - effective
installation of solar energy systems and help reduce the, City's reliance on
environmentally damaging fossil fuels.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. TITLE, WORDS AND PHRASES
This Ordinance shall be known as the City of Santa Monica Solar Energy System
Permit Expediting Ordinance. The terms, phrases, and words used in this Ordinance
99
shall be construed in compliance with the definitions set forth by California Government
Code Section 65850.5 and California Civil Code Section 714.
SECTION 2. Section 8.08.220 of the Santa Monica Municipal Code is hereby
added to read as follows:
8.08.220 Expedited Solar System Permitting
Solar Energy Systems which qualify for expedited permit processing, pursuant to
Government Code Section 65850.5, shall be subject to the administrative permitting
procedures set forth in the City's Solar Energy System Permit Expediting Ordinance,
SECTION 3. EXPEDITED REVIEW PROCESS
Consistent with Government Code Section 65850.5, the Building Official shall
implement an expedited administrative permit review process for small rooftop solar
energy systems, and adopt a checklist of all requirements with which small rooftop solar
energy systems shall comply with in order to be eligible for expedited review. The
expedited administrative permit review process and checklist shall substantially conform
to the recommended process and checklist prescribed by the California Solar Permitting
Guidebook as adopted by the Governor's Office of Planning and Research. The City's
adopted checklist shall be published on the City's website.
SECTION 4. ELECTRONIC SUBMITTALS
Consistent with Government Code Section 65850.5, the Building Official shall
allow for electronic submittal of permit applications covered by this Ordinance and
associated supporting documentations. In accepting such permit applications, the
Building Official shall also accept electronic signatures on all forms, applications, and
other documentation in lieu of a wet signature by any applicant.
2
SECTION 5. ASSOCIATION APPROVAL
Consistent with Government Code Section 65850.5, the Building Official shall not
condition the approval for any solar energy system permit on the approval of such a
system by an association, as that term is defined by Civil Code Section 4080.
SECTION 6. PERMIT APPLICATION PROCESSING
A permit application that satisfies the information requirements in the City's
adopted checklist shall be deemed complete and be promptly processed. Upon
confirmation by the Building Official that the permit application and supporting
documents meets the requirements of the City adopted checklist, and is consistent with
all applicable laws, the Building Official shall, consistent with Government Code Section
65850.5, approve the application and issue all necessary permits. 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. If the Building Official determines
that the permit application is incomplete, he or she shall issue a written correction notice
to the applicant, detailing all deficiencies in the application and any additional
information required to be eligible for expedited permit issuance.
SECTION 7. INSPECTION REQUIREMENTS
The Building Official shall require only one inspection for small residential rooftop
solar energy systems eligible for expedited review as provided by this Ordinance. Such
inspection shall be performed in a timely manner. If the small rooftop solar energy
system fails the single inspection, subsequent inspections shall be authorized.
3
SECTION 8. Any provision of the Santa Monica Municipal Code or appendices
thereto, inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 9. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every Section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause this Ordinance, or a summary thereof to
be published once in the official newspaper within 15 days after its adoption. This
Ordinance shall become effective on September 30, 2015.
APPROVED AS TO FORM:
C
El