Ordinance No. 1149193
ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING CHAPTER 5
OF THE CYPRESS MUNICIPAL CODE TO ESTABLISH AN EXPEDITED
PERMITTING PROCESS FOR RESIDENTIAL ROOFTOP SOLAR SYSTEMS.
WHEREAS, the 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
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 people of
Cypress to provide an expedited permitting process to assure the effective deployment
of solar technology.
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain as
follows:
SECTION 1. The City Council has performed a preliminary environmental
assessment of this project and, pursuant to CEQA Guidelines Section 15061(b)(3), has
determined with certainty that there is no possibility that this Ordinance may have a
significant effect on the environment. The Ordinance involves updates to the City's
regulations as required by the mandates of California law, specifically AB 2188 including
Government Code Section 65850.5 and Civil Code Section 714. This is also consistent
with CEQA's recognition that solar systems do not have a substantial impact on the
environment, as set forth in Public Resources Code Section 21080.35, which provides
that certain solar energy systems are statutorily exempt from environmental review
under the California Environmental Quality Act, as well as the inherit recognition in
CEQA Guidelines section 15301 (Existing Facilities). Additionally, the City Council has
determined pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory
Agencies for Protection of the Environment) the adoption of the Ordinance, which had
been directed by the State, would assure the enhancement of the environment,
including climate action goals, and would not allow environmental degradation. Further,
none of the exceptions to the exemptions under CEQA Guidelines Section 15300.2 are
applicable. Therefore, this project is not subject to CEQA.
SECTION 2. There is hereby added to the Cypress Municipal Code, a new Article XI
to Chapter 5, to read, in its entirety, as follows:
ARTICLE XI. RESIDENTIAL SOLAR
Sec. 5.69. Definitions
a. A "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.
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 or cooling, or for water heating.
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b. A "small residential rooftop solar energy system" means 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 conforms to all applicable State fire, structural,
electrical, and other building codes as adopted or amended by the City and all
State and City 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.
c. "Electronic submittal" means the utilization of one or more of the following:
1. Email
2. The Internet
d. An "association" means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
e. "Building Official" means the Building Official or his designee authorized to
enforce this code.
f. A "common interest development" means any of the following:
g.
1. A community apartment project
2. A condominium project
3. A planned development
4. A stock cooperative
"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.
h. "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.
i. "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.
2. 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.
Sec. 5.70. Purpose
The purpose of the 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 encourages 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. The Ordinance allows the City to achieve these goals while protecting the
public health and safety.
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Sec. 5.71. Applicability
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a. This Ordinance applies to the permitting of all small residential rooftop solar
energy systems in the City.
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 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.
Sec. 5.72. 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 the Orange County Fire
Authority (OCFA).
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.
Sec. 5.73. Duties of the Building Official
a. All documents required for the submission of an expedited solar energy system
application shall be made available on the publicly accessible City website.
b. Electronic submittals of the required permit application and documents by
electronic means shall be made available to all small residential rooftop solar
energy system permit applicants.
An applicant's electronic signature shall be accepted on all forms, applications,
and other documents in lieu of a wet signature.
c.
d. The Building Official shall adopt a 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 energy system permit process and City
checklist 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. All fees prescribed for the permitting of small residential rooftop solar energy
systems must comply with Government Code Section 65850.55, Government
Code Section 66015, Government Code Section 66016, and State Health and
Safety Code Section 17951.
Sec. 5.74. Permit Review and Inspection Requirements
a. The Building Official shall adopt 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 Official shall issue
a building permit or other nondiscretionary permit the same day for applications
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that meet the requirements of the approved checklist or within 3 business days
for electronic applications after receipt of a complete application.
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. The Building Official may deny an application for the 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 Council.
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. Whenever approval is required for the installation or use of a solar energy
system, the application for approval shall be processed and approved by the
appropriate approving entity in the same manner as an application for approval of
an architectural modification to the property, and shall not be willfully avoided or
delayed. For an approving entity that is an association, as defined in Section
4080 or 6528 of the California Civil Code, and that is not a public entity, both of
the following shall apply:
g.
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 45 days from the date of receipt
of the application, the application shall be deemed approved, unless that delay is
the result of a reasonable request for additional information.
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. 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
should include consolidated inspections. If inspection fails, a subsequent
inspection is authorized, however the subsequent inspection need not conform to
the requirements of this Ordinance.
SECTION 3. 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 Cypress 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 thereof may be declared invalid or
unconstitutional.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption following second reading.
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SECTION 5. The City Clerk is hereby authorized and directed to certify as the
passage of this Ordinance and to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
FIRST READING at a regular meeting of the City Council of said City held on the
10th day of August, 2015, and finally adopted and order posted at a regular meeting held
on the 24th day of August, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR 0 ' E CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 24th day of August, 2015, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Morales
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CITY CLERK OF THE CITY OF CYPRESS