HomeMy WebLinkAboutAgenda Report - August 5, 2015 I-03AGENDA ITEM :1100
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AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 15 — Buildings and
Construction — by adding Chapter 15.19 "Expedited Permit Process for Small
Residential Rooftop Solar Systems"
MEETING DATE: August 5, 2015
PREPARED BY: Community Development Director and Electric Utility Director
RECOMMENDED ACTION
Introduce Ordinance Amending
Buildings and Construction
"Expedited Permit Process for
Systems."
Lodi Municipal Code Title 15 -
- by adding Chapter 15.19
Small Residential Rooftop Solar
BACKGROUND INFORMATION: On September 21, 2014, the Governor signed AB 2188 into law,
adding Section 65850.5 to the California Government Code. AB
2188 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. In furtherance of that objective, Government Code
section 65850.5(g)(1) requires that, on or before, September 30, 2015, every city, county, or city and
county, must adopt an ordinance that creates an expedited, streamlined permitting process for small
residential rooftop solar energy systems.
The proposed ordinance, attached hereto, brings the City into compliance with the requirements of
Government Code section 65850.5(g) by:
1) Defining several terms associated with small residential rooftop solar energy systems,
including a definition of small residential rooftop solar energy systems.
2) Directing the City's building official to develop a checklist, clearly listing all of the requirements
that must be met by an applicant to be eligible for an expedited review of and completeness
determination regarding a permit application for a small rooftop solar energy system.
3) Requiring that the checklist and other required permit application forms and documents be
published on the City's website.
4) Requiring the City's building official to develop an expedited, streamlined permitting process
containing a checklist of all submittal and installation requirements.
5) Requiring the City to accept permit applications by mail and facsimile and allowing for
acceptance of an applicant's electronic signature.
6) Creating an expedited review process for qualified solar systems.
7) Limiting the City to one consolidated inspection to insure compliance with building and fire
codes. A subsequent inspection is allowed if a solar energy system fails the initial inspection.
APPROVED:
Stephen Schwabatie , City Manager
In addition, the proposed ordinance requires pre -approval by the Electric Utility (EU) prior to submittal of
an application for a building permit. This will ensure the proposed small residential rooftop solar system is
sized appropriately, has no adverse impact on EU's distribution system, and is approved for
interconnection to the electric grid. Once approved by EU, an application for a building permit can be
submitted. City's Building & Safety Division will issue a building permit within 1 -3 -business days of receipt
of a complete application that meets the requirements of the checklist and standard plan.
The adoption of the proposed Ordinance will serve to expedite the permitting process for small residential
rooftop solar energy systems in compliance with the Solar Rights Act and AB 2188 (Chapter 521,
Statutes 2014). Staff recommends that the City Council introduce the proposed ordinance to ensure the
City is in conformance with state law.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Not applicable.
1
Stephen Schwaba er—
Community Development Director
Attachments
F izabeth A ricley
Electric Utility Director
ORDINANCE NO.
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 15 —
BUILDINGS AND CONSTRUCTION - BY ADDING
CHAPTER 15.19 "EXPEDITED PERMIT PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS"
------------------------------------------------------------------------
WHEREAS, the Lodi City Council seeks to implement AB 2188 (Chapter 521, Statutes
2014) through the creation of an expedited, streamlined permitting process for small residential
rooftop solar energy systems; and
WHEREAS, the City Council wishes to advance the use of solar energy by all of its
citizens, businesses and industries; and
WHEREAS, the City Council seeks to meet the climate action goals set by the City of
Lodi and the State; and
WHEREAS, solar energy creates local jobs and economic opportunity; and
WHEREAS, the City Council recognizes that rooftop solar energy provides reliable
energy and pricing for its residents and businesses; and
WHEREAS, it is in the interest of the health, welfare and safety of the citizens of the City
of Lodi to provide an expedited permitting process to assure the effective deployment of solar
technology.
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 15 — Buildings and Construction — is hereby
amended by adding Chapter 15.19 "Expedited Permit Process for Small Residential Rooftop
Solar Systems" and shall read as follows:
Chapter 15.19
Expedited Permit Process for Small Residential Rooftop Solar Systems
15.19.010
Definitions.
15.19.020
Purpose.
15.19.030
Applicability.
15.19.040
Solar Energy System Requirements.
15.19.050
Duties of Building Official and Electric Utility Director.
15.19.060
Pre -Application Verification by Applicant
15.19.070
Authorization by Lodi Electric Utility
15.19.080
Permit Review and Inspection Requirements
15.19.010 Definitions
a. A "Solar Energy System" means either of the following
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.
ii. 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 ail of the following:
A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
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 of Lodi and all state and City 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. "Electronic submittal" means the utilization of one or more of the following:
i. Email; or
ii. Facsimile
d. An "association" means a nonprofit corporation or unincorporated association created
for the purpose of managing a common interest development.
e. A "common interest development' means any of the following:
i. A community apartment project.
ii. A condominium project
iii. A planned development.
iv. A stock cooperative.
f. "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.
g. "Peasonable 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.
PA
h. "Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance" means:
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.
ii. 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
15.19.020 Purpose
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.
This ordinance encourages the use of solar systems by removing unreasonable barriers,
minimizing costs to property owners and the City of Lodi, and expanding the ability of property
owners to install solar energy systems. This ordinance allows the City of Lodi to achieve these
goals while protecting the public health and safety.
15.19.030 Applicability
a. This ordinance applies to the permitting of all small residential rooftop solar
energy systems in the Qty of Lodi.
b. Small residential 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 residential rooftop solar energy
system in such a way as to require new permitting. Routine operation and
maintenance or like -kind replacements shall not require a permit.
15.19.040 Solar Energy System Requirements
a. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the State, the City of Lodi, its fire department and
electric utility.
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 laboratories such
3
as Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
15.19.050 Duties of Building Official and Electric Utility Director
a. All documents required for the submission of an expedited solar energy system
application shall be made available to the public on the City's website.
b. Electronic submittal of the required permit application and documents by email,
or facsimile shall be made available to all small residential 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. For purposes of this Chapter, the
City will accept as an electronic signature an electronic copy, such as a facsimile
image or an electronic image, of an applicant's written signature.
d. The City's Building & Safety Inspection Division in coordination with City's
Electric Utility and Fire Department is authorized and directed to develop and
adopt a standard plan and checklist, of all requirements with which small
residential 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 from time to time be revised to 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.
All fees prescribed for the permitting of small residential rooftop solar energy
system shall comply with Government Code Section 65850.55, Government
Code Section 66015, Government Code Section 66016, and State Health and
Safety Code Section 17951.
15.19.060 Pre -Application Verification by Applicant
a. Prior to submitting an application for a small residential rooftop solar energy
system, an applicant shall:
Verify to the applicant's reasonable satisfaction through the use of standard
engineering evaluation techniques that the support structure for the small
residential solar energy system is stable and adequate to transfer all wind,
seismic, and dead and live loads associated with the system to the building
foundation; and
2. At the applicant's cost, verify to the applicant's reasonable satisfaction using
standard electrical inspection techniques that the existing electrical system,
including existing line, load, ground, and bonding wiring, as well as main
panel and subpanel sizes are adequately sized, based on the existing
electrical system's current use, to carry all new photovoltaic electrical loads.
rd
15.19.070 Authorization by Lodi Electric Utility
Applicant shall obtain authorization from City's Electric Utility to connect the proposed
small residential rooftop solar energy system to the Lodi Electric Utility electricity grid prior to
submittal to City's Building & Safety Division.
15.19.080 Permit Review and Inspection Requirements
a. The City's Building & Safety Division is authorized and directed to implement an
administrative, nondiscretionary review process, to expedite approval of small
residential rooftop solar energy systems within 30 days of the adoption on this
Ordinance. The Building & Safety Division, shall issue a building permit or other
nondiscretionary permit within 1-3 business days of receipt of a complete
application that meets the requirements of the approved checklist and standard
plan. The City's 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 or on the
City's electric distribution system. Such decisions may be appealed to the City
Planning Commission.
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 the proposed installation would have a specific, adverse impact
upon public health or safety and 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. Such decisions may be appealed to the City Planning
Commission.
d. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
e. "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 increase the cost of the system or
decrease its efficiency or specified performance.
City shall not condition approval of an application on the approval of an
association, as defined in Section 4080 of the Civil Code.
g. If an application is deemed incomplete, a written correction notice detailing all
deficiencies in the application and any additional information or documentation
5
required to be eligible for expedited permit issuance shall be sent to the applicant
for resubmission.
h. Only one inspection shall be required and performed by the City's Building &
Safety Division and its Fire Department for small residential rooftop solar energy
systems eligible for expedited review.
The inspection 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.
If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements of this
ordinance.
SECTION 2. California Environmental Quality Act (CEQA) Finding. This ordinance is exempt
from CEQA as specific regulatory actions are necessary to assure the maintenance, restoration,
enhancement or protection of the environment pursuant to CEQA Guidelines section 15308.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 6. This ordinance shall be published pursuant to law and shall become effective 30
days from the date of passage and adoption.
Approved this
BOB JOHNSON
Mayor
Attest
JENNIFER M FERRAIOLO
City Clerk
day of , 2015
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No.
was introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held , 2015, by the following vote:
AYES: COUNCIL MEMBERS —
NOES: COUNCIL MEMBERS —
ABSENT: COUNCIL MEMBERS —
ABSTAIN: COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE b., MAGDICH
City Attorney
JENNIFER M. FERRAIOLO
City Clerk
7
.Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: SUMMARY OF ORDINANCE NOS. 1907, 1908, 1909, 1910, 1911, 1912,
AND 1913
PUBLISH DATE: SATURDAY, AUGUST 8, 2015
TEAR SHEETS WANTED: One (1 ) please
SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, AUGUST 6, 2015
ORDERED BY: JENNIFER M. FERRAIOLO
CITY CLERK
PAMELA M. FARRIS ELENA STODDARD
DEPUTY CITY CLERK ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File I
SEND PROOF OF AD i ER TISFMENT. THANK YOU!!
Emailed.to the Sentinel at dianer@lodinews.com at I 1 06 (time) on i' 15 (date) {pages)
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N:\Administration\CLERK\OrdSummaries\Advins.doc
CITY OF LODI
ORDINANCE NO. 1907
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 15 — BUILDING AND CONSTRUCTION — BY REPEALING AND RE-ENACTING
CHAPTER 15.65, "SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE,"
IN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into
compliance with the recently -approved San Joaquin County Regional Transportation Impact Fee
Program Operating Agreement by clarifying language and definitions, changing the timing of
program fee payments and reporting dates, and modifying project selection criteria. Introduced
July 15, 2015. Adopted August 5, 2015; and effective September 4, 2015. AYES: Chandler,
Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1908
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees
according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adoption to be considered August 19 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1909
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter
into an agreement between the City and the Rose Gate Subdivision developer in which the
developer agrees to waive the vested right to pay Development Impact Mitigation Fees according
to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units
for which building applications are submitted on or after June 17, 2018 or construction is not
completed by December 17, 2018. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adoption to be considered_ August 19, 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1910
AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT
REDUCING COMMUNITY FAGILITIE-S DISTRICT SPECIAL TAXES AND WAIVING VESTING
MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is
to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in
which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees
according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142
for all units for which building applications are submitted on or after June 17, 2019 or construction
is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the
special taxes levied against the properties subject to the Development Agreement. Introduced
August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne,
Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1911
AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE
SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT
NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 2). The purpose of this ordinance is to
levy and apportion the special tax within the territory annexed into the Community Facilities
District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adoption to be considered
August 19 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT:
Mayor Johnson.
ORDINANCE NO. 1912
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07,
"LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY
RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE
LODI TOURISM BUSINESS IMPROVEMENT DISTRICT. The purpose of this ordinance is to
disestablish the Lodi Tourism Business Improvement District. Introduced August 5, 2015.
Adoption to be considered September 2 2015. AYES: Chandler, Kuehne, Mounce, and
Nakanishi; NOES: None; ABSENT: Mayor Johnson.
ORDINANCE NO. 1913
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE
15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19, "EXPEDITED
PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose
of this ordinance is to create an expedited, streamlined permitting process for small residential
rooftop solar energy systems. Introduced August 5, 2015. Adoption to be considered
August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT:
Mayor Johnson.
Jennifer M. Ferraiolo, City Clerk
City of Lodi
August 5, 2015
Certified copies of the full text of these ordinances are available in the office of the Lodi City
Clerk.
DECLARATION OF POSTING
e
ORDINANCE NO. 1913
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE
TITLE 15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19,
"EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR
SYSTEMS"
On Thursday, August 6, 2015, in the City of Lodi, San Joaquin County, California, a
certified copy of Ordinance No. 1913 (attached hereto, marked Exhibit "A") was posted
in the Lodi City Clerk's Office.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 6, 2015, at Lodi, California.
Pamela M. Farris
Deputy City Clerk
ordsummaries\aaDecPost. doc
ORDERED BY:
JENNIFER M. FERRAIOLO
CITY CLERK
Elena Stoddard
Administrative Clerk
FEY FF A
ORDINANCE NO. 1913 -
AN ORDINANCE OF THE LODI CITY COUNCIL
AMENDING LODI MUNICIPAL CODE TITLE 15 -
BUILDINGS AND CONSTRUCTION - BY ADDING
CHAPTER 15.19, "EXPEDITED PERMIT PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS"
WHEREAS, the Lodi City Council seeks to implement AB 2188 (Chapter 521, Statutes
2014) through the creation of an expedited, streamlined permitting process for small residential
rooftop solar energy systems; and
WHEREAS, the City Council wishes to advance the use of solar energy by all of its
citizens, businesses and industries; and
WHEREAS, the City Council seeks to meet the climate action goals set by the City of
Lodi and the State; and
WHEREAS, solar energy creates local jobs and economic opportunity; and
WHEREAS, the City Council recognizes that rooftop solar energy provides reliable
energy and pricing for its residents and businesses; and
WHEREAS, it is in the interest of the health, welfare and safety of the citizens of the City
of Lodi to provide an expedited permitting process to assure the effective deployment of solar
technology.
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 15 - Buildings and Construction - is hereby
amended by adding Chapter 15.19, "Expedited Permit Process for Small Residential Rooftop
Solar Systems," and shall read as follows:
Chapter 15.19
Expedited Permit Process for Small Residential Rooftop Solar Systems
15.19.010
Definitions.
15.19.020
Purpose.
15.19.030
Applicability.
15.19.040
Solar Energy System Requirements.
15.19.050
Duties of Building Official and Electric Utility Director.
15.19.060
Pre -Application Verification by Applicant
15.19.070
Authorization by Lodi Electric Utility
15.19.080
Permit Review and Inspection Requirements
15.19.010 Definitions
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.
ii. 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:
A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
A solar energy system that conforms to all applicable state fire,
structural, electrical, and other building codes as adopted or amended by the
City of Lodi and all state and City health and safety standards.
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.
G "Electronic submittal" means the utilization of one or more of the following:
Email; or
Facsimile
d. An "association" means a nonprofit corporation or unincorporated association created
for the purpose of managing a common interest development.
e. A "common interest development" means any of the following:
A community apartment project.
.... ..-«
iii. A planned development.
iv. A stock cooperative.
f. "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.
g. "Peasonable 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.
2
"Restrictions that do not significantly increase the cost of the system or
decrease its efficiency or specified performance" means:
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.
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.
15.19.020 Purpose
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.
This ordinance encourages the use of solar systems by removing unreasonable barriers,
minimizing costs to property owners and the City of Lodi, and expanding the ability of property
owners to install solar energy systems. This ordinance allows the City of Lodi to achieve these
goals while protecting the public health and safety.
15.19.030 Applicability
a. This ordinance applies to the permitting of all small residential rooftop solar
energy systems in the Qty of Lodi.
b. Small residential 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 residential rooftop so la r energy
system in such a way as to require new permitting. Routine operation and
maintenance or like -kind replacements shall not require apermit.
15.19.040 Solar Energy System Requirements
a. All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the State, the City of Lodi, its fire department and
electric utility.
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 laboratories such
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as Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
15.19.050 Duties of Building Official and Electric Utility Director
a. All documents required for the submission of an expedited solar energy system
application shall be made available to the public on the City's website.
b. Electronic submittal of the required permit application and documents by email,
or facsimile shall be made available to all small residential 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. For purposes of this Chapter, the
City will accept as an electronic signature an electronic copy, such as a facsimile
image or an electronic image, of an applicant's written signature.
d. The City's Building & Safety Inspection Division in coordination with City's
Electric Utility and Fire Department is authorized and directed to develop and
adopt a standard plan and checklist, of all requirements with which small
residential 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 from time to time be revised to 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.
15.19.060
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All fees prescribed for the permitting of small residential rooftop solar energy
system shall comply with Government Code Section 65850.55, Government
Code Section 66015, Government Code Section 66016, and State Health and
Safety Code Section 17951.
Pre -Application Verification by Applicant
Prior to submitting an application for a small residential rooftop solar energy
system, an applicant shall:
Verify to the applicant's reasonable satisfaction through the use of standard
engineering evaluation techniques that the support structure for the small
residential solar energy system is stable and adequate to transfer all wind,
seismic, and dead and live loads associated with the system to the building
foundation; and
2. At the applicant's cost, verify to the applicant's reasonable satisfaction using
standard electrical inspection techniques that the existing electrical system,
including existing line, load, ground, and bonding wiring, as well as main
panel and subpanel sizes are adequately sized, based on the existing
electrical system's current use, to carry all new photovoltaic electrical loads.
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15.19.070 Authorization by Lodi Electric Utility
Applicant shall obtain authorization from City's Electric Utility to connect the proposed
small residential rooftop solar energy system to the Lodi Electric Utility electricity grid prior to
submittal to City's Building & Safety Division.
15.19.080 Permit Review and Inspection Requirements
a. The City's Building & Safety Division is authorized and directed to implement an
administrative, nondiscretionary review process, to expedite approval of small
residential rooftop solar energy systems within 30 days of the adoption on this
Ordinance. The Building & Safety Division shall issue a building permit or other
nondiscretionary permit within 1-3 business days of receipt of a complete
application that meets the requirements of the approved checklist and standard
plan. The City's 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
or on the City's electric distribution system. Such decisions may be appealed to
the City Planning Commission.
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 the proposed installation would have a specific, adverse impact
upon public health or safety and 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. Such decisions may be appealed to the City Planning
Commission.
d. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
e. "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 increase the cost of the system or
decrease its efficiency or specified performance.
f. City shall not condition approval of an application on the approval of an
association, as defined in Section 4080 of the Civil Code.
g. 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.
h. Only one inspection shall be required and performed by the City's Building &
Safety Division and its Fire Department for small residential rooftop solar energy
systems eligible for expedited review.
i. The inspection 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.
j. If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements of this
ordinance.
SECTION 2. California Environmental Quality Act (CEQA) Finding. This ordinance is exempt
from CEQA as specific regulatory actions are necessary to assure the maintenance, restoration,
enhancement or protection of the environment pursuant to CEQA Guidelines section 15308.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law_
SECTION 4. Severability. if any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 6. This ordinance shall be published pursuant to law and shall become effective 30
days from the date of passage and adoption.
Approved this day of , 2015
BOB JOHNSON
Mayor
Attest:
JENNIFER M FERRAIOLO
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1913
was introduced at a regular meeting of the City Council of the City of Lodi held August 5, 2015,
and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council
held , 2015, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES:
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. 1913 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
JANICE D. MAGDICH
City Attorney
JENNIFER M. FERRAIOLO
City Clerk
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