ORD 527ORDINANCE NO.527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 8.90 OF THE LA
QUINTA 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 La Quinta, 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. Chapter 8.90 shall be added to the La Quinta 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.
Ordinance No. 527
Adding Chapter 8.90 to Municipal Code
Adopted: August 4, 2015
Page 2
SECTION 6. The City Clerk shall, within 15 days after passage of this Ordinance,
cause it to be posted in at least three public places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the Book
of Ordinances of the City of La Quinta.
SECTION 7. PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this 4th day of August, 2015 by the following vote:
AYES: Council Members Franklin, Radi, Mayor Evans
NOES: None
ABSENT: Council Members Osborne and Pena
ABSTAIN: None
C, �2
LINDA EVANS, Mayor
City of La Quinta; California
ATTEST:
SUSAN MAYSELS, City erk
City of La Quinta, Cali ornia
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 527
Adding Chapter 8.90 to Municipal Code
Adopted: August 4, 2015
Page 3
EXHIBIT A '
CHAPTER 8.90 Standards for small residential rooftop solar energy systems.
8.90.010 Purpose and intent.
A. The purpose of this chapter 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.
B. It is also the purpose of this chapter 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.
C. It is hereby declared that in any instance where the provisions of this chapter
conflict with any applicable State law or regulation, such State law or regulation
shall govern.
8.90.020 Definitions.
The following definitions shall govern the meaning of words and phrases used herein:
A. "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.
B. "Director" means the director of the City's Community Development
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.
C. "Electronic submittal" means the utilization of one or more of the following:
1. e-mail,
2. the internet,
3. facsimile.
Ordinance No. 527
Adding Chapter 8.90 to Municipal Code
Adopted: August 4, 2015
Page 4
D. "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
paragraph (3) 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.
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.
E. "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.
8.90.030 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:
A. 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.
B. 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.
C. The Community Development Department 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.
Ordinance No. 527
Adding Chapter 8.90 to Municipal Code
Adopted: August 4, 2015
Page 5
D. The Checklist of Requirements for Small Residential Rooftop Solar Energy
Systems shall be made available to the public during regular business hours at
the Community Development Department and by posting the Checklist on the
City's Internet web site.
8.90.040 Application Requirements; Signatures.
The applicant may submit the permit application and associated documentation to
the City's Community Development 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 chapter and the Checklist of Requirements for Small
Residential Rooftop Solar Energy Systems.
8.90.050 Review.
Review of the application to install a solar energy system shall be limited to the
Community Development 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 Community Development 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.
8.90.060 Approval Requirements.
A. An application that satisfies the requirements of this chapter and the Checklist
of Requirements for Small Residential Rooftop Solar Energy Systems shall be
deemed complete upon confirmation by the Director of the Community
Development Department that the application and supporting documents are
complete and meet the requirements of this chapter and the Checklist. Upon
the Director's determination that an application is complete, the City's
Community Development 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.
B. If the City denies the application, the City shall make written findings based
upon substantial evidence in the record that the proposed installation would
Ordinance No. 527
Adding Chapter 8.90 to Municipal Code
Adopted: August 4, 2015
Page 6
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.
C. The decision of the Director of the Community Development Department
pursuant to paragraphs (A) and (B) above may be appealed to the Planning
Commission pursuant to Section 9.200.120, and, if a subsequent decision of the
Planning Commission is sought, may be appealed to the City Council pursuant
to Chapter 2.04 of this code.
8.90.070 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 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.
8.90.080 Approval by Association Not Required.
The City shall not condition approval for any solar energy system permit on the HOA
approval of a solar energy system by an association, as that term is defined in Section
4080 of the Civil Code.
Ordinance No. 527
Adding Chapter 8.90 to Municipal Code
Adopted: August 4, 2015
Page 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 527 which was
introduced at a regular meeting on the 21st day of July, 2015, and was adopted at a
regular meeting held on the 4th day of August, 2015, not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing 'Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2014-013.
SUSAN MAYSELS, City erk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on August 5, 2015 pursuant to Council Resolution.
SUSAN MAYSELS, CityQIerk
City of La Quinta, California