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Agenda Item No. 5(C) 1 ORDINANCE 2015–05 AN ORDINANCE OF THE CITY OF EL CERRITO ADDING SECTION 16.03.065 TO THE EL CERRITO MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS SECTION 1. RECITALS A. California Government Code Section 65850.5(a) 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 B. California Government Code Section 65850.5(g)(1) 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 of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. C. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b) The project involves updates and revisions to existing regulations. The proposed code amendments are consistent with California Law, specifically Government Code Section 65850.5 and Civil Code Section 714. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant negative effect on the environment. SECTION 2. MUNICIPAL CODE AMENDMENT THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN THAT TITLE 16 OF THE EL CERRITO MUNICIPAL CODE IS AMENDED TO ADD A NEW SECTION 16.03.065 TO READ AS FOLLOWS: 16.03.065 – Chapter 1, Section R116 added - Small Residential Rooftop Solar Energy System Review Process. 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. Internet, 3. Facsimile. ---PAGE BREAK--- Agenda Item No. 5(C) 2 “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 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 City of El Cerrito. “Solar energy system” has the same meaning set forth in paragraphs and of subdivision 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, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. C. 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 residential rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop a modified version of the eligibility checklist from the 2014 California Solar Permitting Guidebook to conform to the City of El Cerrito’s unique climactic, geological, seismological, or topographical conditions and adopt such checklist. The checklist shall be published on the city’s public website. D. An applicant for a small residential rooftop solar energy system shall submit a permit application and associated documentation to the City’s building division. The application may be submitted by personal, mailed, or electronic submittal (when developed and available) together with any required permit processing and inspection fees. E. 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, the main panel make and type, including existing line, load, ground and bonding wiring as well as main panel ---PAGE BREAK--- Agenda Item No. 5(C) 3 and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads and accept new electrical connections. F. 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. G. 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. H. 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 solar 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. SECTION 3. SEVERABILITY. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, 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 section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect thirty days after passage thereof. SECTION 5. PUBLICATION. This ordinance shall be published in accordance with the provisions of Government Code Section 36933. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council on July 21, 2015 and passed by the following vote: AYES: Councilmembers Abelson, Bridges, Quinto and Mayor Friedman NOES: None ABSENT: Councilmember Lyman ADOPTED AND ORDERED published at a regular meeting of the City Council held on August x, 2015 and passed by the following vote: AYES: Councilmembers ---PAGE BREAK--- Agenda Item No. 5(C) 4 NOES: Councilmembers ABSENT: Councilmembers APPROVED: Mark Friedman, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on August XX, 2015. Cheryl Morse, City Clerk ORDINANCE CERTIFICATION I, Cheryl Morse, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2015-05 of the City of El Cerrito, that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the day of August 2015; and that said ordinance has been published and/or posted in the manner required by law. WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of August, 2015. Cheryl Morse, City Clerk