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Home My WebLink AboutORD NO 4827ORDINANCE NO. 4827 AN ORDINANCE ADDING CHAPTER 15.56 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS. WHEREAS, subsection (a) of Section 65850.5 of the California Government Code 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 WHEREAS, subsection (g)(1) of 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, consistent with the goals and intent of subsection (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.56 of the Bakersfield Municipal Code is hereby added to read as follows: Chapter 15.56 PERMITTING SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS 15.56.010 Purpose. 15.56.020 Definitions. 15.56.030 Small Residential Rooftop Solar System Requirements. 15.56.040 Electronic Access to Permit Information and Submittals. 15.56.050 Application Review. 15.56.060 Inspection. 15.56.010 Purpose. A. The intent of this Chapter is to adopt an option for expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by Assembly Bill 2188 (Chapter 521, Statutes 2014) to achieve timely and cost - effective installations of small residential rooftop solar energy systems. This Chapter will increase the deployment of residential solar distributed generation, provide solar customers greater installation ease, improve the City's and State's ability to reach its clean energy goals, and generate much needed 0 Page 1 of 5 Pages - jobs in the City and State. The Chapter allows the City to achieve these goals while protecting public health and safety. 15.56.020 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Electronic Submittal' means the utilization of one or more of the following: 1. Email; 2. Internet; 3. Facsimile. B. "Small Residential Rooftop Solar Energy System" means a solar energy system which meets 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 (1) conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City; (2) all state and County health and safety standards; and (3) 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. 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. C. "Solar Energy System" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. o<61eF9 T L Page 2 of 5 Pages Oq GUVFI. 15.56.030 Small Residential Rooftop Solar System Requirements. A. All small residential rooftop solar energy systems shall comply with the applicable standards and requirements for solar energy systems as set forth in the Bakersfield Municipal Code, California Solar Permitting Guidebook, and City of Bakersfield website. B. The small residential rooftop solar system permit process, standard plan(s), and checklist(s), shall substantially conform to the recommendations for expedited permitting, including the checklists 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. 15.56.040 Electronic Access to Permit Information and Submittals. A. The Building Director shall make the checklist and all permitting documentation required for a small residential rooftop solar energy system available on the City of Bakersfield website. B. An applicant may submit the application and related documentation for a small residential rooftop solar energy system by electronic submittal, as specified on the City website. 15.56.050 Application Review. A. Upon confirmation that the application is complete, staff shall review the application to ensure that the small residential rooftop solar energy system meets local, state, and federal health and safety requirements. 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. B. Staff shall issue a building permit or other nondiscretionary permit within a reasonable time following receipt of a complete application that meets the requirements of the approved checklist, standard plan, and this chapter. C. Staff's approval of an application shall not be based or conditioned on the approval of an association, as defined in California Civil Code section 4080. 15.56.060 Inspection. A. One inspection shall be required and performed by staff for small residential rooftop solar energy systems eligible for expedited review in a time lyG1K4 sr n Page 3 of 5 Pages C' IN manner. Systems with Tile Roofs shall be inspected in one of the following methods: 1. Solar installation employee shall be at the job site to meet the building inspector to uncover roof tiles to expose roof flashings as requested by the building inspector. 2. Inspection is done in two parts, first a roof flashing inspection and then final inspection. B. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. - - -- 00000 - - - -- �Q O A Y 9 t h Page 4 of 5 Pages I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SEP 01 1015 , by the following vote: ✓ ✓ COUNCILMEMBER: RNERA, MAXWELL, WEIR, SMITH, HAN ON, SULLIVAN, PARLIER NOES: COUNCILMEMBER: N ABSTAIN: COUNCILMEMBER: N — ASSENT: COUNCILMEMBER: 4. 10" ROBERTA GAFFORD, CMC CITY CLERK and EX OFFIC O Clerk of the Council of the City of Bakersfield APPROVED: SEP 02 2015 HARVEY L. HALO, Mayor City of Bakersfield APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPARTMENT By: DOUGLAS N. MC ISAAC Community Development Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RI:dll /Iso 5: \COUNCIL \0rc \J5I6 \1556 sav sydl .do S'^ o Page 5 of 5 Pages o;;GllaAl. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) as. County of Kern ) ROBERTA GAFFORD, being duly swom, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 8th day of September, 2015 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4827 passed by the Bakersfield City Council at a meeting held on the 2nd day of September, 2015 and entitled: AN ORDINANCE ADDING CHAPTER 15.56 OF THE BAKERSFIELD MUNICIPAL CODE RELATING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield I f . d . iE!� SADOCUMENTFORMSVIOP.ORD WPG