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Home My WebLink AboutOrd 2015-3353 ORDIIvANCE NO. 3353 ORDI?�'.ANCE OF THE CITY OF CHULA VISTA AA4ENDING CIIAPTER 1�.24 OF THE CHlJL.4 VISTA MLT'ICIPAL CODE ADDI?�TG SECTION 1�.24.070 SA4ALL RESIDEI�TTIAL ROOFTOP SOLAR ENERGY SYSTEMS �1%HEREAS, Subsection (a) of Section 6�8�0.� of the California Government Code pro��ides that it is the polic�� of the State to promote and encouraee the installation and use of solar enera}� s�-stems b�� limitine obstacles to their use and b�� minimizine the permitting costs of such s��stems: and WHEREAS, Subdivision (g)(1) of Section 6�8�0.� of the Califomia Govemment Code provides that; on or before September 30; 201�, e��en� city, count��, or city and countv shal] adopt an ordinance, consistent �vith the eoals and intent of subdi��ision (a) of Section 6�8�0.�. that creates an eapedited; streamlined permitting process for small residential roofrop solar energv svstems. NOR', THEREFORE, the City Council of the City of Chula Vista does ordain as follo�vs: Section 1. Added Section 15.24.070 That Section 1�?4.070 is hereby added to Chapter 1�.24 oF the Chula \'ista A4unicipal Code and reads as follo�as: 15.24.070 Small resideotial rooftop solar eoerg�• s�stems. A. Definitions. The folloH�ine definitions aze adopted from Califomia Go�emment Code section 6�8�05; as ma�� be amended from time to time. These definitions shall applq ro this Chapter 1�.2� and are restated here for reference. 1. .4 "feasible method to satisfacrorilv mitieate or avoid the specific, ad�erse impact-` includes, but is not limited to; anv cost-effecti�e method: condition, or mitieation imposed by the cit�� on another similarh situated application in a prior successful application for a pennit. The ciri shall use its best efforts to ensure that the selected method, condition, or miti�ation meets the conditions of subpara�raphs (A) and (B) of parasraph (1) of subdi��ision (d) of Section 714 of the Ci��il Code. 2. "Small residential roofrop solar enerey s��stem ' means all of the follo��ine: a. A solaz energv s}�stem that is no lazeer than 10 kilo�vatts altemating current nameplate ratina or 30 kiloH�atts thermal. Ordinance No. 33�3 Paee No. 2 b. A solaz energy s}�stem that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and all state and City health and safety standards. c. A solar energy system that is installed on a single or duplex family dwelline. d. A solaz panel or module arrav that does not eaceed the maximum legal buildine height as defined by the Cit��. 3. "Solar Energy S}'stem" means either of the followinb: a. Any solar collector or other solar energy device whose primary purpose is to pro��ide for tbe collection, storage, and distribution of solar energy for space heating; space cooling, electric generation; or water heating. b. 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 or cooling, or for water heating. 4. "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. B. Purpose. The purpose of this section is to adopt an expedited solar permitting process For small residential rooftop solar energy systems pursuant to Government Code 658505(g). C. Applicability. This Section applies to the permitting of eligible small residential rooftop solar energy systems in the City. D. Permitting. Applicants desiring to qualify for the expedited review shall submit an application to the Cit}�, in a form approved by the City's building official. The building official is authorized to administratively act on such applications, pursuant ro this section. Notwithstanding any other provision of this Code, decisions made by the building official pursuant to this Chapter may be appealed to the Planning Commission. E. Eligibility checklists. The Ciq� building official is authorized and directed to develop checklists oP all requirements with wbicl� small rooftop solar energy systems shall comply to be eligible for eapedited review. The initial checklists shall be developed on or before September 30; 2015, and shall be the City's adopted checklists, in accordance with Govemment Code section 658�0.5. The building official shall maintain the checklists to substantially conform �-ith the recommendations contained in the most current version of the Califomia Solar Permitting Guidebook and adopted by the Governor's Office of Planning and Research. F. An application that satisfies the requirements of the eli�ibility checklists, as determined by the building official, shall be deemed complete and eligible for the expedited permitting process. 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 the expedited perniitting process. Ordinance No. 33�3 Paee Ivo. 3 G. Upon confirmation b}� the buildins official of the application and supportine documentation being complete and that the solar enere}� s}�stem substantiallv conforms to all applicable local. state, and federal health and safety requirements. the buildino official shail administrativeh� approve the application and issue required pertnits. Such appro��a] does not authorize an applicant to connect the small residential roofiop energ�� s��stem to the local utilitt providers electricit�� grid. The applicant is responsible for obtainine such appro��al or permission from the local utilitv pro��ider. H. For a small residential roofrop solar energv s��siem elieible for expedited revie��. one consolidated building inspection shall be required: tihich shall be done in a timelv manner. If a small residential rooftop solaz energ}� system fails inspection, re-inspections are required. I. Fees. Permit fees for elisible small residential roofrop solaz s}�stems shall be as specified in the Master Fee Schedule of the Cin� of Chula Vista. J. Use Permit. If the buildine official makes a findine. based on substantial evidence, that the proposed solaz enere}� svstem could have a specific, ad��erse impact on the public health and safet��, the buildina official ma� require the applicant to apply for a use permit. K. Denial. The Cit} may den}� an application if it mal:es w•ritten findines based on substantial evidence in the record that the proposed installation would ha��e a specific, adverse impact on the public health or safety, and there is no feasible method to satisfactoril�� mitieate or avoid the specific, adverse impact. Section IL Se��erabilitv If an�� portion of this Ordinance: or its application to anv person or circumstance, is for anv reason held to be in��alid, unenforceable or unconstitutional, b�� a court of competent jurisdiction, that portion shall be deemed se�erable, and such in��alidit��. unenforceabilit�� or unconstitutionality shall not affect the validity or enforceabilit�� of the remainine portions of the Ordinance, or its application to anv other person or circumstance. The Cirv Council of the Ciri� of Chula Vista hereb�� declares that it �vould have adopted each section, sentence; dause or phrase of this Ordinance, irrespective of the fact that am� one or more other sections, sentences, dauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section Ill. Coostruction The Citq Council of the Cit�� of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal la�v and this Ordinance shall be construed in lieht of that intent. Section I V. Effective Date This Ordinance shall take effect and be in force on the thirtieth da�� afier its final passage. Section V. Publication I Ordinance No. 33�3 Page No. 4 The Cin Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Prese b�� Approved as to form by �> Kelly . Broughton, FASLA en R. gins Director of Development Sen�ices i - Atto y PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista, California; this 18th day of August 2015, by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary las, Mayor ATTEST: �� Donna R o�CM�ty Clerk STATE OF CALIFORI�'IA ) COUI�'TY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3353 had its first readin� at a regular meeting held on the 1 lth day of August 20li and its second reading and adoption at a regular meeting of said City Council held on the 18th day of August 201�; and was duly published in summary form in accordance with the requirements of state ]aN� and the City Charter. l 2ols � Dated Donna R. Norris, CMC, City Clerk