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Ordinance Number 1027 ORDINANCE NO. 1027 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,ADDING CHAPTER 18, SECTIONS 8-18.01 THROUGH 8-18.06 TO TITLE 8 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS WHEREAS, on September 21,2014, Governor Brown approved Assembly Bill 2188 ("AB 2188") (An act to amend Section 714 of the Civil Code, and to amend Section 65850.5 of the Government Code, relating to solar energy) in furtherance of the State's policy to promote and encourage the use of solar energy systems and to limit obstacles to their use; and, WHEREAS, Subsection (g)(1) of Government Code Section 65850.5 provides that every city must adopt an ordinance that creates an expedited and streamlined permitting process for small residential rooftop solar energy systems; and, WHEREAS,the City Council of the City of San Juan Capistrano seeks to implement AB 2188 through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and, WHEREAS, the City Council of the City of City of San Juan Capistrano finds that it is in the interest of the health, welfare and safety of the public to provide an expedited, streamlined permitting process to encourage the effective development of solar technology; and, WHEREAS, the City Council of the City of San Juan Capistrano finds that this 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 SAN JUAN CAPISTRANO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 18, entitled "Small Residential Rooftop Solar Energy System Permits", is hereby added to Title 8 of the San Juan Capistrano Municipal Code to read as follows: Chapter 18 — Small Residential Rooftop Solar Energy System Permits Section 8-18.01. Intent and purpose. Section 8-18.02. Definitions. Section 8-18.03. Applicability. Section 8-18.04. Solar energy system requirements. Section 8-18.05. Applications and documents. 1 01027 Section 8-18.06. Applicant Obligations. Section 8-18.07. Permit review and inspection requirements. Section 8-18.01. Intent and purpose. The intent and purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) 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 small residential rooftop solar energy systems. This chapter allows the City to achieve these goals while protecting the public health and safety. Section 8-18.02. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building Department means the Building and Safety Division of the Development Services Department for the City of San Juan Capistrano. Building Official means the Building Official for the City of San Juan Capistrano. City means the City of San Juan Capistrano. Electronic submittal means the utilization of one or more of the following: 1. Email 2. The Internet 3. Facsimile Expedited permitting and expedited review means the process outlined in Section 8- 18.06. — Permit review and inspection requirements. 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 I 2 01027 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 San Juan Capistrano 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 San Juan Capistrano. 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, space cooling or water heating. 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 8-18.03. 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 with no structural alterations shall not require a permit. Section 8-18.04. 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. 3 01027 (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 8-18.05. Applications and documents. (a) All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the City website. (b) Electronic submittal of the required 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. (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 develop and implement 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. The standard plan and checklist shall substantially conform to the checklist and standard plans contained in the most current version of the Califomia Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. f (e) 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 8-18.06. Applicant Obligations. Prior to submitting an application, the applicant shall: a) At the applicant's cost, verify to the applicant's reasonable satisfaction,through the use of standard engineering evaluation techniques,that the support structure forthe small residential rooftop 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, b) 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. 4 01027 Section 8-18.07. Permit review and inspection requirements. (a) The Building Department shall implement the following administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications. (b) An application that the Building Department determines satisfies the information requirements of the City's checklist and standard plan for expedited small residential rooftop solar energy systems processing, including all supporting documents, shall be deemed complete. (c) 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. (d) After the Building Department deems an application complete, the Building Official shall review the application to determine whether the application meets local, state and federal health and safety requirements. (e) Unless the Building Official determines a use permit is warranted, the Building Official shall issue a building permit or other non-discretionary permit or authorization within three (3) business days of the date on which the application is deemed complete, or within a reasonable period of time. (f) The Building Official may require an applicant to apply for a residential rooftop solar energy system use permit if the Building 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 City Planning Commission in accordance with Section 9-2.311 of this Code. (g) The Building Official may not deny an application for the residential rooftop solar energy system use permit unless the Building Official makes written findings based upon substantial 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 potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission in accordance with Section 9-2.311 of this Code. (h) 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 does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following: 5 01027 L 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. (i) Approval of an application shall not be conditioned upon the approval of an association, as defined in Section 4080 of the Civil Code. (j) Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. (1) The inspection shall be done in a timely manner and should include consolidated inspections. The City will endeavoer to schedule the inspection within two (2) business days of a request. (2) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the n requirements of this chapter. SECTION 2. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence,clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 3. CEQA. This Ordinance does not commit the City to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council herby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this 6 01027 end the provisions of this Ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the second reading. SECTION 6. Citv Clerk's Certification, The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5)days priorto the date of adoption of this Ordinance; and,within fifteen (15)days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance,together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED this 3rd day of November 2015 L -Dp-� a.6�, -e— DEREK REEVE, MAYOR A ATTEST: I MARIA RR S, CITY CL RK `i 7 01027 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1027 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 3rd day of November 2015, and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 17" day of November 015, by the following vote, to wit: AYES: C IL MEMBERS: Ferguson, Perry, Allevato, Patterson and Mayor Reeve NOES C IL MEMBERS: None ABSEN ILMEMBERS: None MARIA R S, ITY CLE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 61" day of November 2015, at least 5 days prior to the adoption of the ordinance. I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,ADDING CHAPTER 18, SECTIONS 8-18.01 THROUGH 8-18.06 TO TITLE 8 OF THE SA JUAN CAPISTRANO MUNICIPAL CODE TO PROVIDE AN X ITED, STREAMLINED PERMITTING PROCESS FOR SMALL R S TIAL ROOFTOP SOLAR ENERGY SYSTEMS This document was posted in the Office of the ity MARIA R , CITY L RK San Juan Capis rano, C Iif nia r 8 01027 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as AFFIDAVIT OF POSTING �— CITY OF SAN JUAN CAPISTRANO ) I, MARIA MORRIS, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 19s day of November 2015, I caused to be posted a certified copy of Ordinance No. 1027, adopted by the City Council on November 17, 2015, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING CHAPTER 18, SECTIONS 8-18.01 THROUGH 8-18.06 TO TITLE 8 0 THE SAN JUAN CAPISTRANO MUNICIPAL CODE TO PROVIDE A E PEDITED, STREAMLINED PERMITTING PROCESS FOR SMA I ENTIAL ROOFTOP SOLAR ENERGY SYSTEMS This document was posted in the Office of t I k MARIA OR ll , RK San Juan Capistrano, Cali m a 9 01027