Ordinance - 2280ORDINANCE NO. 2280
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ADDING ARTICLE XVII TO CHAPTER
7 RELATING TO EXPEDITED AND STREAMLINED
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 West Covina 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 West Covina 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Covina as follows:
SECTION 1. Article XVII "Small Residential Solar Energy System Permits" is hereby added to
Chapter 7 (Buildings and Building Regulations) of the West Covina Municipal Code, as follows:
Article XVIL — SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS
See.7-270.0. Title.
The ordinance codified in this Article shall be known and designated as the "Small
Residential Solar Energy System Permits " ordinance.
See.7-270.1. Purpose.
The purpose of this Article 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 Article 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 Article allows the City
to achieve these goals while protecting the public health and safety.
See.7-270.2 Definitions.
A. "Association means a nonprofit corporation or unincorporated association created for
the purpose of managing a common interest development.
B. "Board of Appeals" means the Board of Appeals established pursuant to West Covina
Municipal Code Sec. 7-18.8.
C. "Building department" means the Building Department for the City of West Covina.
D. "Building official" means the Building Official for the City of West Covina.
E. "City" means the City of West Covina.
F. "Common interest development' means any of the following:
LA community apartment project
2.A condominium project
3.A planned development
4.A stock cooperative
G. "Electronic submittal" means the utilization of one or more of the following:
1.Email
2.The Internet
3.Facsimile
H. "Expedited permitting," and "expedited review," means the process outlined in
Section 7-270.6 entitled "Expedited permit review and inspection requirements."
I. 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.
J. "Labels" means signage identifying solar equipment, solar equipment ratings, and
warnings of potential hazards. Labels shall be made of durable plastic or metallic
material with edged or engraved lettering. The label description shall comply with the
requirements of the current California Electrical Code.
K. "Reasonable restrictions" on a solar system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specific performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
L. "Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
LFor water heater systems or solar swimming pool heating systems: an
amount exceeding 10% of the cost of the system, but in no case more than
$1,000.00, or decreasing the efficiency of the solar energy system by an
amount exceeding 10%, as originally specified and proposed.
2.For photovoltaic systems: an amount not to exceed $1.000.00 over the
system cost as originally specified and proposed, or a decrease in system
efficiency of an amount exceeding 10% as originally specified and
proposed.
M. "Small residential rooftop solar energy system" means all of the following:
I.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
West Covina and all State of California health and safety standards.
3.A solar energy system that is installed on one and two family homes of R3
occupancy as defined by the California Building Code.
4.A solar panel or module array that does not exceed the maximum legal
building height as defined by the City of West Covina.
N. "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.
O. "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.
See.7-270.3 Applicability.
This Article 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. 7-270.4 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
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.
See. 7-270.5 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.
See. 7-270.6 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 Article. For an application for a
small residential rooftop solar energy system that meets the requirements of the
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approved checklist and standard plan, the Building Department shall issue a
building permit or other non -discretionary permit in a timely manner and no later
than five working days from the day of submittal. 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 pursuant to the
procedures outlined in Section 7.18-8 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.
C. 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 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 pursuant to procedures outlined in Section 7.18-8
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
and will provide the applicant with a two-hour inspection window.
1. If the small residential rooftop solar energy system fails inspection, subsequent
inspection(s) is/are authorized and reinspection fees may be assessed if the
installation repeatedly fails to meet the safety standards of the Building and
Electrical codes or if access to the work site is limited or restricted repeatedly.
See.7-270.7 Fees.
A. Separate permit and plans review fees will be required for solar energy systems
pursuant to this article. The fee shall reimburse the City for staff time incurred
and resources expended in its administration of this article.
B. The Residential Solar Systems Permit Fee and the Residential Solar Systems
Plans Review Fee shall be set by Resolution as approved by the City Council.
C. Additional hourly reinspection fees as set forth in the City's Fees Schedule may be
assessed on a projects that repeatedly fail inspections.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or
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phrase of this article, or any part thereof, is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this article or any part thereof. The City Council hereby
declares that it would have passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase of this article irrespective of the fact that one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or
ineffective. To this end, the provisions of this article are declared to be severable.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance
and it shall take effect thirty (30) days after its passage.
PASSED, APPROVED AND ADOPTED on this 18'h day of August, 2015.
driek Sykes
Mayor
APPROVED AS TO FORM:
Kimberly H 1 Barlow
City Attorney
ATTEST:
Nickolas S: Lewis
City Clerk
1, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 21"day of July, 2015. That thereafter said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 18"' day of August, 2015, by
the following vote:
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
ABSTAIN: None
Nickolas S.-Lewis /
City Clerk
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