283 ORDINANCE NO. 283
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE REPEALING CHAPTER 15.36. (SOLAR
WATER HEATING SYSTEMS) IN ITS ENTIRETY AND
REPEALING AND REPLACING CHAPTER 15.24 (UNIFORM
SOLAR ENERGY CODE) OF TITLE 15 OF THE GRAND
TERRACE MUNICIPAL CODE RELATING TO PERMITTING
PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR
ENERGY SYSTEMS
WHEREAS,as set forth in Government Code Section 65850.5(a)it is the policy of the State
of California that local agencies encourage the installation of solar energy systems by removing
obstacles to, and minimizing the costs of,permitting such energy systems; and
WHEREAS, as set forth in Government Code Section 65850.5(g), cities must adopt an
ordinance on or before September 30, 2015 that creates an expedited and streamlined permitting
process for small residential rooftop solar energy systems; and
WHEREAS,the ordinance must substantially conform with the recommendations set forth in
the California Solar Permitting Guidebook,including the use of a checklist of all requirements that,
if complied with,requires cities to approve the application and issue the applied for permits; and
WHEREAS,the City Council of the City of Grand Terrace fmds that it is in the interest of
the health,welfare and safety of the public to provide an expedited permitting process to encourage
the effective development of solar technology; and
WHEREAS,the City Council of the City of Grand Terrace finds that the following ordinance
will have the effect of encouraging the installation of small residential rooftop solar energy systems
and minimizing barriers, obstacles, and costs of obtaining permits for their installation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15.36 "Solar Water Heating Systems" of Title 15 "Buildings and
Construction" of the Grand Terrace Municipal Code is hereby repealed in its entirety.
Section 2. Chapter 15.24 "Uniform Solar Energy Code" of Title 15 "Buildings and
Construction" of the Grand Terrace Municipal Code is hereby repealed and replaced with a new
Chapter 15.24 "Small Residential Rooftop Solar Energy System Permits" as follows:
ORDINANCE NO. 283 PAGE 1 OF 8 AUGUST 11, 2015
"Chapter 15.24—SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS
Section 15.24.010. Purpose.
The purpose of this chapter 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 chapter is designed
to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to
property owners and the City, and expanding the ability of property owners to install solar energy
systems. This chapter allows the City to achieve these goals while protecting the public health and
safety.
Section 15.24.020. Definitions.
A. "Association"means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
B. "Building department"means the Building Department for the City of Grand
Terrace.
C. `Building official"means the Building Official for the City of Grand Terrace, or
designee.
D. "City"means the City of Grand Terrace.
E. "Common interest development"means any of the following:
1. A.community apartment project
2. A condominium project
3. A planned development
4. A stock cooperative
F. `Electronic submittal"means the utilization of one or more of the following:
1. Email
2. The Internet
3. Facsimile
G. "Expedited permitting," and"expedited review,",means the process outlined in
Section 15.24.060 entitled"Expedited permit review and inspection requirements."
ORDINANCE NO. 283 PAGE 2 OF 8 AUGUST 11, 2015
H. 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 similar permit.
I. "Planning commission" means the Planning Commission for the City of Grand
Terrace.
J. "Reasonable restrictions" on a solar system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specific performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
K. "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% of the cost of the system, but in no case more than
$1,000.00, or decreasing the efficiency of the solar energy system by an
amount exceeding 10%, as originally specified and proposed.
2.For photovoltaic systems: an amount not to exceed$1,000.00 over the system
cost as originally specified and proposed, or a decrease in system
( efficiency of an amount exceeding 10% as originally specified and
proposed.
L. "Small residential rooftop solar energy system"means all of the following:
1. A solar energy system that is not larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
2. 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
Grand Terrace and all State of California health and safety standards.
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 of Grand Terrace.
M. "Solar energy system"means either of the following:
1. 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.
ORDINANCE NO. 283 PAGE 3 OF 8 AUGUST 11, 2015
2. 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, space cooling or water heating.
N. "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.
Section 15.24.030. Applicability.
This chapter applies to the permitting of all small residential rooftop solar energy systems in
the City. Small residential rooftop solar 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 energy system in such a way as to require new permitting. Routine operation and
maintenance or like-kind replacements shall not require a permit.
Section 15.24.040. Solar energy system requirements.)
A. All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the City and the State of California.
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 as
Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability. '
Section 15.24.050. Duties of Building Department and Building Official.
A. All documents required for the submission of an expedited small residential rooftop
solar energy system application, shall be made available on the City's publicly
accessible website.
B. Electronic submittal of the required permit application and documents via email,the
City's website, or facsimile shall be made available to all small residential rooftop
solar energy system permit applicants.
ORDINANCE NO. 283 PAGE 4 OF 8 AUGUST 11, 2015
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 Department shall adopt a standard plan and checklist of all
requirements with which small residential rooftop solar energy systems shall comply
with to be eligible for expedited review.
E. The small residential rooftop solar system permit process, standard plans, and
checklist shall substantially conform to the recommendations for expedited
permitting,including the checklist and standard contained in the most current version
of the California Solar Permitting Guidebook adopted by the Governor's Office of
Planning and Research.
F. All fees prescribed for the permitting of small residential rooftop solar energy
systems must comply with Government Code Sections 65850.55 and 66015 and
Health& Safety Code Section 17951.
Section 15.24.060. Expedited permit review and inspection requirements.
A. The Building Department shall adopt an administrative, nondiscretionary review
process to expedite the approval of small residential rooftop solar energy system
'- applications within 30 days of adoption of this chapter.For an application for a small
residential rooftop solar energy system that meets the requirements of the approved
checklist and standard plan,the Building Department shall issue a building permit or
other non-discretionary permit within 3 business days for over-the-counter
applications or within 5 business days for electronically filed applications.A building
official may require an applicant to apply for an administrative conditional 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. Such decisions
may be appealed to the Planning Commission.
B. Review of the application shall be limited to the building official's review of whether
the applicant meets local, state and federal health and safety requirements.
C. If an administrative conditional 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 the specific, 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 Planning Commission.
ORDINANCE NO. 283 PAGE 5 OF 8 AUGUST 11, 2015
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.The City shall use
its best efforts to ensure that the selected method,condition,or mitigation meets the
conditions of Civil Code Section 714(d)(1)(A)-(B).
E. The City shall not condition the approval of an application on the approval of an
association as defined in Civil Code Section 4080.
F. If an application for a small residential rooftop solar energy system 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
permitting shall be sent to the applicant for resubmission.
G. Only one inspection shall be required and performed by the Building Department for
small residential rooftop solar energy systems',eligible for expedited review.
H. The Inspection shall be done in a timely manner and should include consolidated
inspections. An inspection will be scheduled within two business days of a request
and will provide the applicant with a two-hour, inspection window.
I. If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized but need not conform to the requirements of this chapter.
1
Section 3. Any provision of the Grand Terrace Municipal Code or appendices thereto are -
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
Section 4. If any section,subsection,sentence,clause,phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Grand Terrace hereby declares that it would have adopted this
Ordinance and each section,subsection, sentence,clause,phrase,or portion thereof,irrespective of
the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
I
Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted pursuant to the
provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
ORDINANCE NO. 283 PAGE 6 OF 8 AUGUST 11, 2015
PASSED,APPROVED AND ADOPTED this 11`"day of August, 2015.
ATTEST:
e es jDarMc aboeCity-Oe
Approved as to form:
u�'tt�" ") &=
Richard . Adams, H
City Attorney
ORDINANCE NO. 283 PAGE 7 OF 8 AUGUST 11, 2015
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss �1
CITY OF GRAND TERRACE )
I,Pat Jacquez-Nares,City Clerk of the City Council of the City of Grand Terrace,hereby certify that
the above and foregoing Ordinance No. 283 was introduced and considered section by section at a
regular meeting of said City Council held on the 28th day of July, 2015, and thereafter passed and
adopted as a whole at a regular meeting of said City Council held on the 11 the:day of August,2015,
by the following roll call vote:
AYES: Mayor Darcy McNaboe, Mayor Pro Tern Sylvia Robles Council Member=Jackie
Mitchell; Council Member Doug Wilson, Council Member Bill Hussey
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Grand
Terrace this 1 lth day of August, 2015.
Pat s
City Cler
ORDINANCE NO. 283 PAGE 8 OF 8 AUGUST 11, 2015