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Ord 777ORDINANCE NO 777 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA ADDING CHAPTER 15 26 TO THE POWAY MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR PHOTOVOLTAIC SYSTEMS WHEREAS, in the last several years, the City has encouraged efforts towards sustainability and has proactively addressed environmental challenges including reducing energy use Poway has implemented many policies and programs and works with a number of regional partners to address sustainability and reduce greenhouse gas emissions WHEREAS, in 2014, Assembly Bill 2188 (AB 2188) (Muratsuchi, 2014) was signed into law, which requires local governments to adopt an ordinance that creates an expedited /streamlined permitting process for small rooftop solar photovoltaic system installations on or before September 30, 2015 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS Section 1 Chapter 15 26 is hereby added to the Poway Municipal Code to read as follows Chapter 15 26 EXPEDITED PROCESSING FOR SMALL RESIDENTIAL ROOFTOP SOLAR PHOTOVOLTAIC ENERGY SYSTEMS 15 26 010 Definitions The following words and phrases as used in this section are defined as follows "Association," when used as a noun, means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. "Electronic submittal" means the utilization of one or more of the following electronic mail (i e , "e- mail "), the City's website operated through the internet, or facsimile "Small residential rooftop solar photovoltaic energy system" means all of the following 1 A solar energy photovoltaic system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal 2 A solar photovoltaic energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City Ordinance No 777 Page 2 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 photovoltaic 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 Title 17 of this code "Solar photovoltaic energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801 5 of the California Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time 15 26 020 Applicability A. This chapter applies to the permitting of all small residential rooftop solar photovoltaic energy systems in the City of Poway B Small residential rooftop solar photovoltaic 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 photovoltaic 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 26 030 Solar energy photovoltaic system requirements A All solar energy photovoltaic systems shall meet applicable health and safety standards and requirements imposed by the state, federal government, and the City of Poway B Solar energy photovoltaic 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 photovoltaic 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 15 26 040 Streamlining the permit process for small residential solar photovoltaic systems Ordinance No 777 Page 3 A. All documents required for the submission of an expedited solar photovoltaic energy system application shall be made available to the public on the City of Poway website B Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy photovoltaic 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 Division of the Development Services Department shall maintain a standard plan and checklist of all requirements with which small residential rooftop solar photovoltaic energy systems shall comply to be eligible for expedited review 15 26 050 Permit review and inspection requirements A. The Building Division of the Development Services Department shall issue a building permit in a timely manner after receipt of a complete application that meets the requirements of the approved checklist and standard plan, as well as all applicable local, state and federal requirements for health and safety Applications that include an electrical meter upgrade will require approval by the local electric utility provider before the permit can be issued B Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements C Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. D No approval of any association is required for the issuance of a permit for a solar photovoltaic energy permit E If an application is deemed incomplete or requires corrections to be addressed, a written or emailed correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission If the Building Official finds that the installation of a solar photovoltaic energy system will have a specific, adverse, impact upon the public health or safety, the decision shall be in writing, and may be appealed to the City Council as provided in Chapter 2 20 In reviewing any application for a permit the City Council may not deny the application unless it adopts a resolution containing findings based upon substantial evidence that the proposed installation will have a specific, adverse, impact upon the public health or Ordinance No 777 Page 4 safety, and the City Council further finds that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse, impact F One consolidated building inspection shall be required for small residential rooftop solar photovoltaic energy systems, which shall be done in a timely manner If a small residential rooftop solar energy system fails inspection, re- inspections are required Section 2 If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared invalid Section 3 This Ordinance shall be codified EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §36933 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 1st day of September 2015, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 15th day of September 2015 Steve Vaus, Mayor ATTEST Sheil R Cobian, CMC, City Clerk Ordinance No 777 Page 5 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify that the foregoing Ordinance No 777, was duly adopted by the City Council at a regular meeting of said City Council held on the 15th day of September 2015, and that it was so adopted by the following vote AYES LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES NONE ABSENT NONE DISQUALIFIED NONE r Sheilalk Cobian, CIVIC, City Clerk City of Poway