2015/10/27 City Council Ordinance 890ORDINANCE NO. 890
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ADDING TITLE 15 CHAPTER 15.32 TO THE ROHNERT PARK MUNICIPAL CODE
RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL
RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
WHEREAS, 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
WHEREAS, Subdivision (g)(1) of Section 65850.5 of the California Government Code provides
that 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.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Adoption of Chapter 15.32. Title 15 of the Rohnert Park Code of Ordinances is
amended to add Chapter 15.32 to read as follows:
CHAPTER 15.32 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM
REVIEW PROCESS
15.32.010. Definitions.
The following words and phrases as used in this section are defined as follows:
a. "Association" means a nonprofit corporation or unincorporated association created
for the purpose of managing a common interest development.
b. "Common interest development" means any of the following:
i. A community apartment project.
ii. A condominium project.
iii. A planned development.
iv. A stock cooperative.
C. "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 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 Civil Code section
714(d)(1)(A) -(B), defining restrictions that do not significantly increase the cost of
the system or decrease its efficiency or specified performance.
d. "Small residential rooftop solar energy system" means all of the following:
i. A solar energy system that is no larger than 10 kilowatts alternating current
nameplate rating or 30 kilowatts thermal.
ii. 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
Civil Code section 714(c)(3), as such section or subdivision may be amended,
renumbered or redesignated from time to time.
iii. A solar energy system that is installed on a single or duplex family dwelling.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
e. "Solar energy system" means either of the following:
i. 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.
ii. 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.
f. "Specific, adverse impact" means a significant, quantifiable, direct and unavoidable
impact, based on objective, identified and written public health or safety standards,
policies or conditions as they existed on the date the application was deemed
complete.
15.32.020. Purpose.
The purpose of this Section is to provide an expedited, streamlined permitting process for small
residential rooftop solar energy systems as required by California Civil Code Section 714 and
California Government Code Section 65850.5.
15.32.030. Applicability.
a. This ordinance applies to the permitting of 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 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 the 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.
15.31.040. 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.
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 California Public
Utilities Commission regarding safety and reliability.
15.32.050. Applications and Required Documents.
a. All documents required for the submission of an expedited solar energy system
application shall be made available on the City's website.
b. Applications for small residential rooftop solar energy system permits, and any
supporting documents, may be submitted by email, facsimile, or the internet.
C. An applicant's electronic signature shall be accepted on all forms, applications, and
other documents in lieu of a wet signature.
d. The Department of Development Services 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.
e. The small residential rooftop solar system permit process, standard plans and
checklist shall substantially conform to recommendations for expedited permitting
contained in the most current version of the California Solar Permitting Guidebook
adopted by the Governor's Office of Planning and Research.
15.32.060. Permit Review and Inspection Requirements.
a. An application that satisfies the information requirements in the checklist provided
under Section 15.32.050(d), as determined by the Building Official, shall be deemed
complete.
b. If the Building Official receives 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.
C. Upon confirmation by the Building Official of the application and supporting
documentation being complete, the Building Official shall review the application.
The Building Official's review of the application shall be limited to whether the
application meets local, state and federal health and safety requirements. The
requirements of local law shall be limited to those standards and regulations
necessary to ensure that the solar energy system will not have a specific, adverse
effect on the public health or safety.
d. The Building Official shall require the applicant to apply for an administrative
permit pursuant to Section 17.25.050 et seq. of the Rohnert Park Municipal Code if
the Building Official, in consultation with the Director of Development Services,
makes a finding based on substantial evidence that the solar energy system could
have a specific, adverse impact upon the public health and safety. Any conditions
imposed on an administrative permit shall be designed to mitigate the specific,
adverse impact upon public health and safety at the lowest cost possible. The
decision to require an administrative permit may be appealed to the Planning
Commission.
C. The City may not deny an application for an administrative permit to install 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 adverse impact. The
decision to deny an administrative permit may be appealed to the Planning
Commission.
f. Upon confirmation that the application is complete and that the solar energy system
will not have a specific, adverse impact upon the public health or safety, the
Building Official shall approve the application and issue all the necessary permits
and authorizations.
g. Any condition imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
h. The City shall not condition approval of an application on the approval of an
Association.
Only one inspection shall be required and performed by the Building Division for
small residential rooftop solar energy systems eligible for expedited review, which
shall be scheduled within 3 business days of a request.
If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements of subsection (i).
15.32.070 Fees.
Permit and plan check fees for small residential rooftop solar systems shall be set forth by
resolution of the City Council. Such fees shall comply with Government Code Sections 65850.55
and 66015, and any other applicable state laws.
SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, as the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment and Section
15060(c)(3) of the CEQA Guidelines as it is not a project as defined by CEQA per Section 15378.
SECTION 3. Seyerability. 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 4. Effective Date. This ordinance shall go into effect thirty (30) days after its adoption
and shall be published and posted as required by law.
This ordinance was introduced on the 13th day of October 2015 and scheduled for consideration of
adoption on the 27th day of October 2015.
DULY AND REGULARLY ADOPTED this 27th day of October 2015 by a vote of the City
Council as follows:
AYES: Five (5) Councilmembers Callinan ,Mackenzie,Stafford,Belforte, and
NOES: None (0) Mayor Ahanotu
ABSENT: None (0)
ABSTAIN: None (0 )
CITY OF ROHNERT PARK
Amy O. Ahanotu, Mayor
ATTEST:
Anne M. Buergler, City Clerk
APPROVED AS T(Q FORM:
Michelle Marchetta Kenyon, City Attorney