CC Ordinance No. 15-2133 Amending Title 16 to add Chapter 28 Expedited Streamlined Permitting Process for Small Rooftop SystemsORDINANCE NO. 15-2133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CUPERTINO MUNICIPAL CODE TITLE 16 TO ADD CHAPTER 28
TO PROVIDE AN EXPEDITED STREAMLINED PERMITTING PROCESS FOR
SMALL ROOFTOP SYSTEMS
WHEREAS, the City Council of the City of Cupertino is committed to encourage the
use of solar energy through its Climate Action Plan and green building initiatives; and
WHEREAS, the Ordinance is determined to be exempt under provisions and
requirements of the California Environmental Quality Act of 1970, together with related
State CEQA Guidelines (collectively, "CEQA"), in that the amendments involve
procedural administrative changes that will not have a direct or reasonably foreseeable
indirect change to the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making body for
this Ordinance; and
WHEREAS, the City Council has reviewed and considered the exemption
determination under CEQA prior to taking any approval actions on this Ordinance and
agrees with such exemption; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 16 of the Cupertino Municipal Code is hereby amended by adding a
Chapter 16.28 to be numbered and entitled and to read as follows:
CHAPTER 16.28 EXPEDITED PERMIT PROCESS FOR SMALL ROOFTOP SOLAR
SYSTEMS
16.28.010 Purpose and Intent.
The purpose of this Ordinance 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. The Ordinance expands AB2188 to provide for timely and cost-
effective installations of solar panels on small multi-family and commercial buildings.
Ordinance No. 15-2133
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The Ordinance encourages the use of solar systems by removing unreasonable barriers,
m.inim.izing costs to property owners and the City, and expanding the ability of
property owners to install solar energy systems. The Ordinance allows the City to
achieve these goals while protecting the public health and safety.
16.28.020 Definitions
For the purposes of this Chapter, the following words and phrases shall have the
meanings as defined in this section.
a. A "Solar Energy System." means either of the following:
i. 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.
n. 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 or cooling, or for water
heating.
b. A "small residential rooftop solar energy system." means all of the following:
i. A solar energy system. that is a simple photovoltaic system no larger
than 10 kilowatts or a solar therm.al system. no larger than 30 kilowatts
therm.al.
u. A solar energy system. that conforms to all applicable state fire,
structurat electricat and other building codes as adopted or am.ended
by the City and all state and local health and safety standards.
iii. A solar energy system. that is installed on a single or duplex family
dwelling.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
c. A "small multi-family or commercial rooftop solar energy system" means all
of the following:
1. A solar energy system that is a simple photovoltaic system no larger
than 10 kilowatts or 30 a solar thermal system. no larger than kilowatts
thermal.
Ordinance No. 15-2133
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ii. 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 all state and local health and safety standards.
111. A solar energy system that is installed on a triplex, four-plex family
dwelling or on a commercial building no more than 10,000 square feet
in size.
iv. A solar panel or module array that does not exceed the maximum legal
building height as defined by the City.
d. A "small rooftop solar energy system" either a "small residential rooftop
solar energy system" or a "small multi-family or commercial rooftop solar
energy system".
e. "Electronic submittal" means the utilization of one or more of the following:
i. Email;
ii. The Internet;
111. Facsimile.
f. An "association" means a nonprofit corporation or unincorporated
association created for the purpose of managing a common interest
development.
g. A "common interest development" means any of the following:
1. A community apartment project.
11. A condominium project.
111. A planned development.
iv. A stock cooperative.
h. "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.
i. "Reasonable restrictions" on a solar energy system are those restrictions that
do not significantly increase the cost of the system or significantly decrease its
efficiency or specified performance, or that allow for an alternative system of
comparable cost, efficiency, and energy conservation benefits.
Ordinance No. 15-2133
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J. "Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance" means:
1. For Water Heater Systems or Solar Swimming Pool Heating Systems:
an amount exceeding 10 percent of the cost of the system, but in no
case more than one thousand dollars ($1,000), or decreasing the
efficiency of the solar energy system by an amount exceeding 10
percent, as originally specified and proposed.
n. For Photovoltaic Systems: an amount not to exceed one thousand
dollars ($1,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding 10
percent as originally specified and proposed.
16.28.030 Applicability
a. This Ordinance applies to the permitting of all small rooftop solar energy
systems in the City.
b. Small rooftop solar energy systems legally established or permitted prior to
the effective date of this Ordinance are not subject to the requirements of this
Ordinance 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.
16.28.040 Solar Energy System Requirements
a. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the state, the City, and Santa Clara County Fire
Department.
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
Ordinance No. 15-2133
Pages
laboratories such as Underwriters Laboratories and, where applicable, rules
of the Public Utilities Commission regarding safety and reliability.
16.28.050 Application and Documents
a. All documents required for the submission of an expedited solar energy
system application shall be made available on the City's website.
b. Electronic submittal of the required permit application and documents shall
be made available to all small 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 City's Building Department shall adopt a standard plan and checklist of
all requirements with which small rooftop solar energy systems shall comply
to be eligible for expedited review.
e. The small residential rooftop solar system permit process, standard plan(s),
and checklist(s) shall substantially conform to recommendations for
expedited permitting, including the checklist and standard plans contained in
the most current version of the California Solar Permitting Guidebook adopted
by the Governor's Office of Planning and Research.
f. The small multi-family or commercial rooftop solar energy system permit
process, standard plan(s), and checklist(s) shall be developed by the City's
Building Department.
g. All fees prescribed for the permitting of small rooftop solar energy system
must comply with Government Code Section 65850.55, Government Code
Section 66015, Government Code Section 66016, and State Health and Safety
Code Section 17951.
16.28.060 Permit Review and Inspection Requirements.
a. The City shall adopt an administrative, nondiscretionary review process to
expedite approval of small rooftop solar energy systems. Upon receipt of a
complete application which meets the requirements of the approved checklist
and standard plan, the City shall issue a building permit or other
nondiscretionary permit on the same day for over-the-counter applications or
within 3 business days for electronic applications. The 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.
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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. 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:
1. The proposed installation would have a specific, adverse
impact upon public health or safety; and
2. There is no feasible method to satisfactorily mitigate or avoid, as
defined, the adverse impact. Such findings shall include the
basis for the rejection of the potential feasible alternative for
preventing the adverse impact. ,
d. Decisions to require a use permit or to deny a use permit may be appealed by
filing a request for appeal, in writing, with a description of the grounds for
appeal. The request for appeal must be made within ten (10) business days of
the serving or mailing of the building official's determination. A hearing
shall be scheduled within thirty (30) days before the Board of Appeals as
defined in Cupertino Municipal Code Section 16.02.270. If the appeal is not
filed within the time specified above, the applicant shall be deemed to waive
the right to appeal.
e. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
f. "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 permit. The City shall use its best efforts
to ensure that the selected method, condition, or mitigation meets the
conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of
Section 714 of the Civil Code defining restrictions that do not significantly
increas·e the cost of the system or decrease its efficiency or specified
performance.
g. Approval of an application shall not be conditioned upon the approval of an
association, as defined in Section 4080 of the Civil Code.
h. If an application 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 permit issuance shall be
sent to the applicant for resubmission.
1. The City shall require only one inspection for small residential rooftop solar
energy systems eligible for expedited review. The City may require two
inspections for small multi-family or commercial rooftop solar energy
Ordinance No. 15-2133
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systems if deemed necessary. A separate fire inspection may be performed if
the City does not have an agreement with the local fire authority to perform
safety inspections on behalf of the fire authority.
j. The inspection(s) shall be done in a timely manner and should include
consolidated inspections. An inspection will be scheduled within two (2)
business days of a request and provide a two-hour inspection window on the
day of the inspection.
k. If a small rooftop solar energy system fails inspection a subsequent inspection
is authorized but need not conform to the requirements of this Ordinance.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 1st day of September and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 15th of September 2015, by the following vote:
PASSED:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
Members of the City Council
Sinks, Chang, Paul, Vaidhyanathan
None
Wong
None
APPROVED:
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Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 15-2133, which was
enacted on September 15, 2015, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 16th day of September 2015.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California