2015-175 Solar Systems ORDINANCE NO. 2015-175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE ADDING CHAPTER 8.22 OF TITLE 8 OF THE
MENIFEE MUNICIPAL CODE RELATING TO EXPEDITED
PERMITTING PROCEDURES FOR SMALL RESIDENTIAL
ROOFTOP SOLAR SYSTEMS
WHEREAS, on September 21, 2014, the governor signed Assembly Bill 2188
(Stats. 2014, Ch. 521) into law; and
WHEREAS, Assembly Bill 2188 provides that the implementation of consistent
statewide standards to achieve the timely and cost-effective installation of solar energy
systems is a matter of statewide concern; and
WHEREAS, Assembly Bill 2188 amended section 714 to the California Civil Code,
and section 65850.5 to the California Government Code; and
WHEREAS, Section 65850.5 to the California Government Code now provides
that, on or before September 30, 2015, every city, county, or city and county shall adopt
an ordinance that creates an expedited and streamlined permitting process for small
residential rooftop solar energy systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals and true and correct and incorporated herein.
Section 2. This Ordinance shall be known as the 'Residential Solar Panel
Permit Streamlining Ordinance."
Section 3. Section 8.22 shall be added to the Menifee Municipal Code as
written in Exhibit A attached hereto.
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, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions might subsequently be
declared invalid or unconstitutional.
Section 5. This Ordinance shall be in full force and effect thirty (30) days after
its adoption.
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Section 6. The City Clerk shall certify to the passage and adoption of this
Ordinance, and shall cause the same to be published within fifteen (15) days after
passage in accordance with law, and shall cause this Ordinance and its certification,
together with proof of publication, to be entered into the Book of Ordinances of the City
of Menifee.
PASSED APPROVED AND ADOPTED this 16 day of September, 2015, by the following vote:
AYES: August, Denver, Liesemeyer
NOES: None
ABSENT: Mann
ABSTAIN: None
Scott A. Mann, Mayor
APPROVED AS TO FORM:
Joey elching, City Att r ey
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2015-175 to be the original ordinance adopted by the City Council of the City of
Menifee on September 16, 2015 and that said ordinance was published in accordance with the
law.
Date:
Kathy Bennett, City Clerk
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EXHIBIT A
8.22. Standards for solar energy systems; Approval process.
A. Purpose.
1. The purpose of this section is to create an expedited, streamlined permitting
process for small residential rooftop solar energy systems, in accordance with
California Civil Code section 714 and California Government Code section
65850.5.
2. It is also the purpose of this Section to promote and encourage the use of solar
energy systems and to limit obstacles to their use, in accordance with the
standards adopted by the City pursuant to this section and state law.
3. It is hereby declared that in any instance where the provisions of this Section
conflict with any applicable State law or regulation, such State law or regulation
shall govern.
B. Definitions. The following definitions shall govern the meaning of words and
phrases used herein:
1. "Checklist of Requirements for Small Residential Rooftop Solar Energy Systems"
or "Checklist" means the rules, regulations, guidelines, and checklist adopted by
resolution of the City Council that sets forth implementing and additional
requirements for small residential rooftop solar energy systems consistent with _
Section 65850.5 of the Government Code.
2. "Director" means the director of the City's planning department, or successor City
official or department responsible for the implementation of this section, as may be
identified from time to time, in the Checklist of Requirements for Small Residential
Rooftop Solar Energy Systems.
3. "Electronic submittal" means the utilization of one or more of the following:
a. e-mail,
b. the internet,
c. facsimile.
4. "Small residential rooftop solar energy system" means all of the following:
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a. A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 kilowatts thermal.
b. 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 paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as
such section or subdivision may be amended, renumbered, or re-
designated from time to time.
c. A solar energy system that is installed on a single or duplex family
dwelling.
d. A solar panel or module array that does not exceed the maximum legal
building height.
5. "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 re-designated from time to time.
C. Development Standards. In addition to the Checklist of Requirements for Small
Residential Rooftop Solar Energy Systems, the following standards shall apply to each
small residential rooftop solar energy system:
1. Solar energy systems shall meet applicable health and safety standards and
requirements imposed by state and local permitting authorities, consistent with
Section 65850.5 of the Government Code.
2. 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.
3. The City Manager or his/her designee may from time to time revise the Checklist
of Requirements for Small Residential Rooftop Solar Energy Systems as long as
any revisions are consistent with the most recently adopted resolution of the City
Council adopting the Checklist, and are consistent with Section 65850.5 of the
Government Code.
4. The Checklist of Requirements for Small Residential Rooftop Solar Energy
Systems shall be made available to the public during regular business hours at the
Office of the City Clerk and by posting the Checklist on the City's Internet web site.
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D. Application Requirements; Signatures. The applicant may submit the permit
application and associated documentation to the City's planning department by personal,
mailed, or electronic submittal together with any required permit processing and
inspection fees. For electronic submittal, the City shall accept an electronic signature on
all forms, applications, and other documentation in lieu of a wet signature by an applicant
to the extent permitted by law and to the extent such electronic submittal complies with
the requirements set forth in this section and the Checklist of Requirements for Small
Residential Rooftop Solar Energy Systems.
E. Review. Review of the application to install a solar energy system shall be limited
to the planning department's review of whether the application 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. If the director of the
planning department makes a finding based on substantial evidence, that a solar energy
system could have a specific, adverse impact upon the public health and safety, the City
may require the applicant to apply for a conditional use permit or other applicable license
or permit.
F. Approval Requirements.
1. An application that satisfies the requirements of this section and the Checklist of
Requirements for Small Residential Rooftop Solar Energy Systems shall be
deemed complete upon confirmation by the director of the planning department
that the application and supporting documents are complete and meet the
requirements of this section and the Checklist. Upon the director's determination
that an application is complete, the City's planning department shall approve the
application and issue all required permits or authorizations. Upon receipt of an
incomplete application, the director shall issue a written correction notice detailing
all deficiencies in the application and any additional information required to be
eligible for expedited permit issuance.
2. If the City denies an application for a use permit to install a solar energy system,
the City shall make written findings based upon substantial evidence in the record
that the proposed installation would have a specific, adverse impact upon the
public health or safety, and there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact. The findings shall include the basis for the
rejection of potential feasible alternatives of preventing the adverse impact.
3. The decision of the director of the planning department pursuant to paragraphs (1)
and (2) above may be appealed to the planning commission pursuant to
Section 2.20.150, and, if a subsequent decision of the planning commission is
sought, may be appealed to the city council pursuant to Chapter 2 of this code.
G. Inspections. For a small residential rooftop solar energy system eligible for
expedited review, only one inspection shall be required, which shall be done in a timely
manner and may include a consolidated inspection, except that a separate fire safety
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inspection may be performed if the City does not have an agreement with a local fire
authority to conduct a fire safety inspection on behalf of the fire authority. If a small
residential rooftop solar energy system fails inspection, a subsequent inspection is
authorized, however the subsequent inspection need not conform to the requirements of
this section.
H. Approval by Association Not Required. The city shall not condition approval for
any solar energy system permit on the approval of a solar energy system by an
association, as that term is defined in Section 4080 of the Civil Code.
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