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AGENDA STAFF REPORT ;
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DATE: July 25, 2016
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDING
CHAPTER 9.60 OF TITLE 9 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING SOLAR ENERGY
SYSTEM STREAMLINED BUILDING PERMIT
PROCESS
SUMMARY OF REQUEST:
That the City Council receive the staff report and introduce for the first reading
the attached ordinance adopting Municipal Code Amendment 16 -1, to add
Section 9.60.190 which sets forth a streamlined permitting process for small
residential rooftop solar energy systems and direct staff to schedule a second
reading of the same.
BACKGROUND AND ANALYSIS:
Assembly Bill (AB 2188) amended the Solar Rights Act of 1978 to promote and
encourage the use of solar energy systems such as photovoltaic and solar water
heater systems by requiring that all local jurisdictions in California create a
streamlined building permit review and issuance process for small residential
rooftop solar energy systems. Approximately a year ago, staff implemented a
streamlined and expedited building procedure and have since issued permits for
an estimated 45 residential solar energy rooftop systems and one commercial
grade solar energy system installation. The legislation requires the City to publish
on the Internet a checklist and other documentation required for rooftop solar
energy systems and expedited plan review of rooftop installations, and specifies
the number of inspections that can be performed by building and fire officials.
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
Agenda Item N
Solar Permitting Guidebook adopted by the Governor's Office of Planning and
Research.
AB 2188 also requires cities to adopt an ordinance to reaffirm the state mandate
and that unreasonable barriers to the installation of solar energy systems have
been implemented. Staff drafted an ordinance which is attached and will add a
new Section 9.60.190 to Chapter 9.60 (Building Code) within Title 9 of the Seal
Beach Municipal Code.
ENVIRONMENTAL IMPACT:
Pursuant to the State of California Public Resources Code and State Guidelines
for the California Environmental Quality Act (CEQA), the Community
Development Department has determined that the proposed project is
categorically exempt from environmental review per Section 15060(c)(2) of the
State CEQA Guidelines.
LEGAL ANALYSIS:
The City Attorney has reviewed the draft ordinance and approved it as to form.
FINANCIAL IMPACT:
There is no immediate financial impact to the City as a result of this proposed
action.
RECOMMENDATION:
Staff recommends that City Council receive the staff report, introduce for the first
reading by title only an ordinance adopting Municipal Code Amendment 16 -2,
adding Section 9.60.190 to Chapter 9.60 of Title 9 of the Municipal Code, and
direct staff to schedule a second reading of the same.
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
SECTION 9.60.190 (SOLAR ENERGY SYSTEMS PERMIT
EXPEDITING) TO CHAPTER 9.60 (BUILDING CODE) OF TITLE 9
(PUBLIC PROPERTY, PUBLIC WORKS, AND BUILDING
REGULATIONS) OF THE SEAL BEACH MUNICIPAL CODE TO
PROVIDE AN EXPEDITED, STREAMLINED PERMITTING
PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR
ENERGY SYSTEMS
Page 2
Director of Community Development
NOTED AND APPROVED:
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A. Ordinance No. 1657 — An Ordinance of the City of Seal Beach Adding Section 9.60.190
(Solar Energy Systems Permit Expediting) to Chapter 9.60 (Building Code) of Title 9 (Public
Property, Public Works, and Building Regulations) of the Seal Beach Municipal Code to
Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar
Energy Systems
Page 3
ORDINANCE NUMBER 1657
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING SECTION
9.60.190 (SOLAR ENERGY SYSTEM PERMIT EXPEDITING) TO
CHAPTER 9.60 (BUILDING CODE) OF TITLE 9 (PUBLIC PROPERTY,
PUBLIC WORKS, AND BUILDING REGULATIONS) OF THE SEAL
BEACH MUNICIPAL CODE TO PROVIDE AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL
ROOFTOP SOLAR ENERGY SYSTEMS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Findings.
A. Assembly Bill 2188 amends portions of the Solar Rights Act of 1978 and imposes
new requirements for cities. Assembly Bill 2188 specifically amends Government
Code section 65850.5 to require cities to adopt by ordinance an expedited
permitting process for small residential rooftop solar energy systems by September
30, 2015.
B. Subsection (a) of Section 65850.5 of the California Government Code provides that
it is the policy of the State to promote and encourage the installation and use of
solar energy systems by limiting obstacles to their use and by minimizing the
permitting costs of such systems; and
C. Subdivision (g)(1) of Section 65850.5 of the California Government Code provides
that, on or before September 30, 2015, every city, county, or city and county shall
adopt an ordinance, consistent with the goals and intent of subdivision (a) of
Section 65850.5, that creates an expedited, streamlined permitting process for
small residential rooftop solar energy systems.
D. The City of Seal Beach City Council seeks to implement Assembly Bill 2188 and
further state policy by adopting this ordinance.
Section 2. Section 9.60 (Solar Energy Systems Permit Expediting) is added to Chapter
9.60 (Building Code) of Title 9 (Public Property, Public Works, and Building Regulations)
of the City of Seal Beach Municipal Code to read as follows:
9.60.190 SOLAR ENERGY SYSTEM PERMIT EXPEDITING.
9.60.190.010 PURPOSE.
The purpose of this section is to establish an expedited, streamlined solar energy system
permitting process for small residential rooftop solar energy systems that complies with the
Solar Rights Act and Assembly Bill 2188 (Chapter 521, Statutes of 2014) to achieve timely
and cost - effective installations of small residential rooftop solar energy systems. This
section encourages the use of solar energy systems by removing unreasonable barriers,
minimizing costs to property owners and the city, and expanding the ability of property
Ordinance Number 1657
owners to install solar energy systems. This section allows the city to achieve these goals
while protecting the public health and safety.
9.60.190.020 APPLICABILITY.
A. This section applies to the permitting of all small residential rooftop solar energy
systems in the city.
B. Small residential rooftop solar energy systems legally established or permitted prior
to the effective date of this section are not subject to the requirements of this
section unless physical modifications or alterations are undertaken that materially
change the size, type, or components of the small rooftop energy system in such a
way as to require new permitting. Routine operation and maintenance shall not
require a permit.
§ 9.60.190.030 DEFINITIONS.
The following words and phrases as used in this section are defined as follows:
A. "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.
B. "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.
C. "Association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
D. "Common interest development' means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
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Ordinance Number 1657
4. A stock cooperative.
E. "Electronic submittal" means the utilization of one or more of the following:
1. Electronic mail or e-mail.
2. City's website.
3. Facsimile.
F. "Significant' with regards to solar domestic water heating systems or solar
swimming pool heating systems that comply with state and federal law, to mean
an amount exceeding 10% of the cost of the system, not to exceed $1,000 or
decreasing the efficiency of the solar energy system by an amount exceeding
10 %, and with regard to photovoltaic systems that comply with state and federal
law, an amount not to exceed $1,000 over the system cost or a decrease in
system efficiency of an amount exceeding 10 %.
G. "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.
9.60.190.040 SOLAR ENERGY SYSTEM REQUIREMENTS.
A. All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the state and the city, and the local utility provider's
electricity grid.
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
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.
9.60.190.050 DUTIES OF BUILDING & SAFETY DIVISION AND BUILDING OFFICIAL.
A. All documents required for the submission of an expedited solar energy system
application shall be made available on the city's website.
B. An applicant may submit the permit application and associated documentation to
the City's building and safety division by personal delivery, mail, or electronic
submittal together with any required permit processing and inspection fees.
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Ordinance Number 1657
C. An applicant's electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signature.
D. The city's building and safety division shall adopt a standard plan(s) and checklist(s)
of all requirements with which small residential rooftop solar energy systems shall
comply to be eligible for expedited review.
E. The small residential rooftop solar system permit process, standard plan(s) and
checklist(s) shall substantially conform to recommendations for expedited
permitting, including the standard plan(s) and checklist(s) contained in the most
current version of the California Solar Permitting Guidebook adopted by the
Governor's Office of Planning and Research.
9.60.190.050 PERMIT REVIEW AND INSPECTION REQUIREMENTS.
A. Prior to submitting an application, the applicant shall:
Verity 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.
B. 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 a
small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized; however, the subsequent inspection need not conform to
the requirements of this subsection.
C. 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.
D. Except as otherwise required by Subsection (E) of this section, upon confirmation
by the building official of the application and supporting documentation being
complete and meeting the requirements of the checklist and standard plan(s), 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.
E. If an application is deemed incomplete, a written correction notice detailing all
deficiencies in the application and any additional information or documentation
Ordinance Number 1657
required to be eligible for expedited permit issuance, shall be sent to the applicant
for resubmission.
F. Requirement for a Use Permit
1. Notwithstanding any other provision of this Section 9.60.190, the building official
may require the applicant to apply for a use permit if the building official makes
a finding, based on substantial evidence, that the solar energy system could
have a specific, adverse impact upon the public health or safety.
2. If a use permit is required, the building official may deny an application for the
use permit if the building official makes written findings based on substantial
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.
3. Any conditions imposed on an application shall be designed to mitigate the
specific, adverse impact upon health or 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, or as such
statute may be amended from time to time.
Any decision of the building official under this Subsection (E) may be appealed
to the Planning Commission.
9.60.190.060 FEES.
The City Council may adopt or amend plan review and permit fees by resolution to
implement and administer this section. The applicant shall pay all plan review fees at the
time of plan review submittal. Permit fees shall be paid at the time of permit issuance.
9.60.190.070 CONFLICTING PROVISIONS.
In the event of any conflict between this section and any other provision of this Code, this
section shall control."
SECTION 2. Exemption from California Environmental Quality Act. The City Council
hereby determines that this Ordinance is exempt from review under the California
Environmental Quality Act ( "CEQA ") (California Public Resources Code Section 21000 et
seq.), pursuant to State CEQA Regulation 15307 (14 Cal. Code Reg. §§ 15307 and 15308
as an action taken to assure the maintenance, restoration, enhancement, or protection of
a natural resource where the regulatory process involves procedures for protection of the
environment. This Ordinance is limited to ensuring the expedited processing of permits to
install small residential rooftop solar energy systems to preserve energy. There is no
Ordinance Number 1657
evidence to suggest that this Ordinance will result in a significant impact on the
environment, including impacts due to unusual circumstances. The adoption of this
Ordinance includes provisions that will result in the enhancement and protection of energy
resources in the City, and will not result in cumulative adverse environment impacts. As a
separate and independent ground, the City Council finds that this Ordinance is covered by
the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment. Because it can be seen with certainty that there is no
possibility that this Ordinance will have a significant effect on the environment, this
Ordinance is not subject to CEQA pursuant to State CEQA Guidelines Section
15061(b)(3). The City Council hereby directs the City Manager or designee to prepare and
file a Notice of Exemption as soon as possible following adoption of this Ordinance.
Section 3. Continuity. To the extent the provisions of this Ordinance are substantially
the same as previous provisions of the Seal Beach Municipal Code, these provisions will
be construed as continuations of those provisions and not as amendments of the earlier
provisions.
Section 4. Intent to Comply with Laws. The City Council intends this Ordinance to
supplement, not to duplicate or contradict, applicable state and federal law and this
Ordinance will be construed in light of that intent.
Section 5. Severability. 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 competent jurisdiction, such decision will 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 6. Effective Date. This Ordinance shall go into effect and be in full force and
effect thirty (30) days after its final passage and adoption.
Section 7. City Clerk Certification. The City Clerk shall certify to the adoption of this
Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be
published and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular
meeting held on the day of . 2016.
Sandra Massa - Lavitt, Mayor
ATTEST: APPROVED AS TO FORM
Robin L. Roberts, City Clerk Craig Steele, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 25 day of July , 2016 and was passed, approved and adopted by the City
Council at a regular meeting held on the day of 2016 by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1657 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2863.
Robin L. Roberts, City Clerk