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Home My WebLink About75B - PH SOLAR STREAMLININGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 5, 2018 TITLE: PUBLIC HEARING — ORDINANCE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS {STRATEGIC PLAN NO. 3,3; 5,2) CIYY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 7s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 8 of the Santa Ana Municipal Code updating Solar Streamlining Ordinance for Solar Energy Systems and fees for solar energy systems in order to comply with California Assembly Bill 1414 (AB1414). In 2012, Assembly Bill 1801 amended the California Government Code (Section 65850.5) to promote the installation and use of solar energy by removing obstacles to, and minimizing costs of solar permitting. This Code Section was further amended in 2014 by Assembly Bill 2188 (AB2188), also known as the solar streamlining act, which required that every city must adopt an ordinance that created an expedited, streamlined permitting process for small residential rooftop solar energy systems. Further amending the law, effective January 1, 2018, the State Assembly enacted Assembly Bill 1414 (AB1414), revising definitions and establishing maximum permit fees applicable to solar energy systems within the existing law. The Planning and Building Agency's current solar streamlining process and expedited plan review and permitting for small residential rooftop solar energy systems has been very successful as implemented in compliance with AB2188. In Fiscal Year 2016-2017, the Planning and Building Agency issued 948 solar energy system permits and continued to successfully provide "over-the-counter" permitting services in compliance with the streamlining act. With the changes brought about by AB1414, the proposed ordinance amendment will append to Chapter 8 of the Santa Ana Municipal Code to include: revising the definition of "solar energy system" to specify that a design feature additionally includes any photovoltaic device that is integrated into a building, expanding to building components including, but not limited to, windows, siding, and roofing shingles or tiles, establishing revised maximum permit fees for solar energy systems, establishing maximum permit fees for thermal energy systems, extending the 7513-1 Solar Permit Amendment June 5, 2018 Page 2 applicability of the limits on solar energy system fees and extending the repeal date to January 1, 2025. STRATEGIC PLAN ALIGNMENT Approval of this item continues to support the City's efforts to meet Goal #3 Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community) and Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #2 (Expand opportunities for conservation and environmental sustainability). FISCAL IMPACT Compliance with AB1414 will reduce the current Residential Rooftop Solar flat fee of $500 to $450. The reduction will impact the Planning and Building — Building Permits revenue account no. 01116002-51601. Fees for solar permitting will continue to be collected in accordance with the current miscellaneous fee schedule adopted July 1, 2017 as amended by the proposed ordinance. Minh Thai Executive Director Planning and Building Agency PUrb S:RFCA106-05-181RFCA Solar Amendment AB1414 06-05-18 Exhibit: 1. Ordinance APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 60-(756) Executive Director Finance and Management Services Agency 75B-2 LS 6.5.18 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE UPDATING SOLAR STREAMLINING ORDINANCE FOR SOLAR ENERGY SYSTEMS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Subsection (a) of Section 65850.5 of the California Government Code provides that it is the policy of the State to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems. B. The City Council of the City of Santa Ana finds 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. C. In September of 2015, the City adopted an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5 that created an expedited, streamlined permitting process for small residential rooftop solar energy systems. D. Effective January 2018, Assembly Bill 1414 expanded the definition of "solar energy system" and extended the applicability of Section 65850.5 of the California Government Code to create an expedited, streamlined permitting process for all solar energy systems through January 1, 2025. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. ARTICLE XII of Chapter 8 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-2511 - Small Residential Roaftelp Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 75B-3 LS 6.5.18 1. Electronic Submittal - Sshall mean the utilization of one or more of the following: e-mail, internet or facsimile. 2. Solar easement — shall mean the right of receiving sunlight across real property of another for any solar energy system Any instrument creating a solar easement shall include at a minimum all of the following: (1) A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device or structural design feature may not be obstructed or a combination of these descriptions; (2) The restrictions placed upon vegetation structures and other objects that would impair or obstruct the Passage of sunlight through the easement: and (3) The terms or conditions, if any, under which the easement may be revised or terminated 3. Solar energy system —shall mean 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 75B-4 WINNOW I, Aft-N-WINION-111 isq- 3. Solar energy system —shall mean 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 75B-4 LS 6.5.18 heating space cooling electric generation, or for water heating. (2) A structural design feature of a building, including either of the following: (A)Any design feature 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. (B)Any photovoltaic device or technology that is integrated into a building, including, but not limited to photovoltaic windows siding, and roofing shingles or tiles. (b) Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems. Small residential reeftep Ssolar 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 ree#sp solar energy system in such a way as to require new permitting. Routine operation and maintenance or like -kind replacements shall not require a permit. (c) Eligibility. 1. The Building Department shall adopt a standard plan and checklist of all requirements which small Fesidential rooftop solar energy systems shall comply with to be eligible for expedited review. The small resideRtial reefte,p solar energy 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. 3. Prior to submitting an application, the applicant shall: Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the SFAall FesideRtial reofte 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. ii. 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 75B-5 LS 6.5.18 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. (d) Review! Issuance Process. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, shall be deemed complete. Upon receipt of an incomplete application, the building official 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. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits. 3. 4. City building permit approval does not authorize an applicant to connect the small residential rooftop solar energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (e) Inspections. 1. Fora solar energy system eligible for expedited review, only one inspection shall be required. 2. If a small FesideRtial rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection. Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. 75B-6 ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: �% z� Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2018. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY LS 6.5.18 I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-7 75B-8