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
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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
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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