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AN ORDINANCE AMENDING TITLE 15 OF THE STOCKTON MUNICIPAL CODE BY ADDING CHAPTER 15.78 TO EXPEDITE PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
recommended action
RECOMMENDATION
It is recommended that the City Council adopt an Ordinance amending Title 15 of the Stockton Municipal Code (SMC) to add Chapter 15.78 to expedite permitting procedures for small residential roof top solar systems.
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Summary
All agencies issuing permits in California are required to adopt a regulation to simplify the permitting process of solar permits. The Community Development Department has implemented a process that is simplified and timely that is consistent and supportive of the statewide standards. Pursuant to California Government Code 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. This ordinance meets that requirement and will promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and minimizing the permitting costs.
DISCUSSION
Background
On September 21, 2014, AB 2188 was approved to amend Section 65850.5 of the California Government Code relating to solar energy. The bill amended 65850.5 to require that an ordinance be adopted on or before September 30, 2015, to create an expedited, streamlined permitting process for small residential rooftop solar energy systems, require expedited review and inspection, and prevent the conditioning of approval by an association that manages a common interest development.
Section 65850.5(a) of the California Government Code provides that the implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. It is the intent of the legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the State to promote and encourage the use of solar energy systems and to limit obstacles to their use.
Section 65850.5(b) provides that a city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. 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 impact upon the public health or safety.
In furtherance of the policy stated in Section 65850.5(a), Section 65850.5(g)(1) requires that, on or before September 30, 2015, every city, county, or city and county, in consultation with the local fire department or district, shall adopt an ordinance, consistent with the goals and intent of subdivision (a) that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.
In developing an expedited permitting process, the city, county, or city and county shall also adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review (Attachment A - Photovoltaic Checklist). An application that satisfies the information requirements in the checklist, as determined by the City, county, or city and county, shall be deemed complete (Attachment B - Photovoltaic Installation Inspection Procedures). Upon confirmation by the city, county, or city and county of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with the ordinance, a city, county, or city and county shall, consistent with subdivision (b), approve the application and issue all required permits or authorizations.
Present Situation
Currently, the City of Stockton expedites the review of such applications by reviewing applications for approval and issuing the permit at the counter. This process generally takes about 30 to 40 minutes.
In anticipation of this required change, the Community Development Department has already created an over-the-counter expedited, streamlined permitting process for small residential rooftop solar energy systems. However, in order to comply with Section 65850.5(g)(1), the City must also adopt an Ordinance in accordance with the requirements of that Section. This ordinance meets those requirements and will promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and minimizing the permitting costs.
FINANCIAL SUMMARY
There is no anticipated fiscal impact related to the adoption of this ordinance since any and all costs will be recovered through existing building permit fees.
Attachment A - Photovoltaic Checklist
Attachment B - Photovoltaic Installation Inspection Procedures