HomeMy WebLinkAbout11A - 2ND READ ORD - SOLAR FEESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 19, 2018
TITLE:
ORDINANCE SECOND READING: UPDATING
SOLAR STREAMLINING ORDINANCE FOR
SOLAR ENERGY SYSTEMS, ESTABLISH
REVISED MAXIMUM FEES AND FOR
THERMAL ENERGY SYSTEMS, EXTENDING
APPLICABILITY OF LIMITS AND EXTENDING
REPEAL DATE TO JANUARY 1, 2025
{STRATEGIC PLAN NO. 5,1}
e\ /n. —A 'n l
CITE' MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1't Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On June 5, 2018, the following ordinance was introduced for first reading and City Council authorized
publication of title by a vote of 5-0 (Martinez and Sarmiento absent):
ORDINANCE NO. NS -2950 - 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
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 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
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Second Reading Ordinance: Solar Streamlining
June 19, 2018
Page 2
energy systems, establishing maximum permit fees for thermal energy systems, extending the
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 supports the City's
Engagement & Sustainability, Objective
initiative to expand access to information
role in discussing public policy and setting
FISCAL IMPACT
efforts to meet Goal #5 - Community Health, Livability,
#1 (Establish a comprehensive community engagement
and create opportunities for stakeholders to play an active
priorities).
There is no fiscal impact associated with this action.
r � I A"a 0' 1'4�
Maria D. Huizar
Clerk of the Council
Exhibit: 1. Ordinance No. NS -2950
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LS 6.19.18
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 - Solar Energy System Review Process.
(a) Definitions.
As used herein the following terms shall mean the following:
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1. Electronic Submittal - shall 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
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 solar energy systems. Solar energy
systems legally established or permitted prior to the effective date of this chapter
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(c)
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 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.
Eligibility.
1. The Building Department shall adopt a standard plan and checklist of
all requirements which solar energy systems shall comply with to be
eligible for expedited review.
2. The 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 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
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. City building permit approval does not authorize an applicant to connect
the solar energy system to the local utility provider's electricity grid. The
applicant is responsible for obtaining such approval or permission from
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the local utility provider.
4. If the property is located within a historical district, is listed on any
historic register or has entered into a Mills Act Agreement, the applicant
shall schedule a consultation with the Planning Manager or his/her
designee pertaining to the proposed work.
(e) Inspections.
1. For a solar energy system eligible for expedited review, only one
inspection shall be required.
If a 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.
ADOPTED this day of
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By: &�, /ybiL.�L
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
2018.
Miguel A. Pulido
Mayor
0
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
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
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