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Home My WebLink About75C - PH - SOLAR PERMITSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING RATE: AUGUST 4, 2015 TITLE: CLERK OF COUNCIL USE ONLY: • 67 r ❑ As Recommended ❑ As Amended ❑ Ordinance on Ia' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter 8 of the Santa Ana Municipal Code regarding streamlined permitting procedures for small residential rooftop solar systems to be in compliance with California Assembly Bill 2198. DISCUSSON in 2012, Assembly Bill 1801 amended the California Government Code (Section 66850,5) 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) which states that on or before September 30, 2015, every city must adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. For many years the City has lead the county in promoting the use of solar energy by waiving all permit, plan check and inspection fees regarding solar projects, In addition to waiving the fees, the Planning and Building Agency also instituted an expedited review and permitting process for qualifying small residential rooftop solar energy systems by reviewing and issuing permits same day over - the - counter, Approved plans are then subject to field review by City inspection staff. Waiving flees and expediting the permit process has resulted in an exponential growth In solar Installations in the City from only three in 2007 to more than 320 in 2014?. Although the solar permit fee waiver ended in 2015, the Building Safety Division continues to promote solar energy through expedited review and permitting, While the current process meets the intent of Assembly Bill 2188, the City must codify these processes in an ordinance to be in compliance with the Bill. The proposed ordinance amendment will append to Chapter 8 of the Santa Ana Municipal Code to include: new definitions, provisions for accepting and approving applications electronically, directing the City's Building Official to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for Santa Ana Property Information Network (SAPIN) Permits Issued report for calendar year 2007 end 2014 75C -1 Solar Permit Streamlining August 4, 2015 Page 2 expedited review, and authorizing the Building Official to administratively approve such applications. The recommended amendments have been evaluated and approved by the California Building Officials Organization (CALStO) as satisfying the requirements of AS2188 (Exhibit 1). STRATEQlC PLAN AL12NMENT Approval of this Item supports the City's efforts to meet foal No. 3 Economic Development, Objective No, 3 (Promote a solutions -based customer focus In all efforts to facilitate development and investment in the community) and Goal No, 5 Community Health, Livability, Engagement and Sustainability, Objective No. 2 (Expand opportunities for conservation and environmental sustainabllity). FISCAL IMPACT There is no fiscal impact associated with this action. Fees for solar permitting are already collected in accordance with the miscellaneous fee schedule adopted July 1, 2015. assn Haghan' WCP Executive 0 rector Planning & Building Agency MF:rb mfoulKn \RFCA\RFCA_SO1arSkreamlining.8- 4.2018 Exhibit: 1, Chapter 8 Code Amendments 75C -2 City of Santa Ana Municipal Code Chapter 8 - Buildings and Structures ARTICLE XII. - SOLAR ENERGY CODE Sec. 8 -2511 - Small Residential Rooftop Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 1. Electronic Submittal - Shall mean the utilization of one or more of the following: e-mail, internet or facsimile. 2. Small residential rooftop solar energy system - Shall mean all of the following: i. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal. ii. 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 redesignated from time to time. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. (b) Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems. 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 shall not require a permit. EXHIBIT 1 Page 1 75C -3 (c) Eligibility. The Building Department shall adopt a standard plan and checklist of all requirements which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. 2. The small residential rooftop solar 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 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. At the applicant's cost, verify to the City'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. (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. City building permit approval does not authorize an applicant to connect the small residential rooftop energy system to the local Page 2 75C -4 utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (e) Inspections. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required. 2. 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 subsection. Page 3 75C -5 utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (e) Inspections. 1. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required. 2. 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 subsection. Page 3 75C -6 LS 7.27.15 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 REGARDING EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL 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. Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. 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 with the addition of this new section: Secs. 8 -2511 - Reserved. Small Residential Rooftop Solar Energy System Review Process. (a) Definitions. As used herein the following terms shall mean the following: 1. Electronic Submittal - Shall mean the utilization of one or more of the following: e-mail, internet or facsimile. 75C -7 LS 7.27.15 2. Small residential rooftop solar energy system - Shall mean all of the following: A solar energy system that is no larger than 10 kilowatts alternating current nameplate ratinq or 30 kilowatts thermal. 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 redesignated from time to time. iii. A solar energy system that is installed on a single or duplex family dwelling. iv. A solar panel or module arrav that does not exceed the maximum legal building height as defined by the authority having jurisdiction. (b) Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems. 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 shall not require a permit. (c) Eligibility. 1. comply with to be eligible for expedited review. 2. 3. Prior to submitting an application, the applicant shall: 75C -8 LS 7.27.15 live loads associated with the system to the building foundation. (d) Review/ Issuance Process. 1. 2. 3. issuance. application and issue all required permits. or permission from the local utility provider. (e) Inspections. M 2. 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. 75t: -9 ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT: Councilmembers Councilmembers 2015. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY LS 7.27.15 I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2015, 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 75d -10