HomeMy WebLinkAboutOrd 2016-3373 or�mi.a�.�cE rio. »��
ORDII�'AI��CE OF THE CITY OF CHULA VISTA DELETII�'G
SECTION 15.24.070. SMALL RESIDENTIAL ROOFTOP
SOLAR EI�'ERGY SYSTEMS. OF THE CHULA VISTA
MLTI�'ICIPAL CODE At�'D ADDING CHAPTER 1�.29.
EXPEDITED PERMIT PROCESSII�'G. RELATED TO PERMITS
FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY
SYSTEMS AI�TD ELECTRIC VEHICLE CHARGII�'G
STATIOTiS. TO THE CHULA VISTA MUI`'ICIPAL CODE
WHEREAS; Subdivision (e)(1) oF Section 6�8�0.� of the Califomia Govemment Code
provides that, on or before September30, 201�; e��en� city, countv, or cit�� and countv shall adopt
an ordinance, consistent «�ith the eoals and intent of subdi��ision (a) of Section 6�8�0.�, that
creates an ezpedited, streamlined permittine process for small residential rooftop solaz energ��
svstems: and
VIHEREAS, Cin� Council adopted Ordnance �3�3 on Aueust 18, 201� addine Section
1�?�.070 Small Residential Roofrop Solar Energq Systems to Chapter I�.24; and
R'HEREAS, Subdi��ision (e)(1) of Section 6i8>OJ of the Califomia Govemment Code
pro��ides that, on or before September 30; 2016, the Cin� shall adopt an ordinance, consistent
���ith the goals and intent of subdi��ision (a) of Section 6�8�0.7. that creates an expedited,
streamlined permitting process for electric vehicle charging stations; and
VJHEREAS. Section 6�8�0.� and 6�8�0.7 of the Califomia Govemment Code have
similaz requirements for local adoption of an ordinance that creates an eapedited, streamlined
permittine process for small residential roofrop solar enerey systems and electric ��ehicle
chazeino stations leading staff to propose combining the expedited processes under one chapter:
and
«'HEREAS: staff is proposine to delete Section 1�.24.070 from Chapter 15.24 and
adopting the new Chapter 15.29. incorporatine the requirements of both Sections 6�8�0.� and
6�8�0.7.
NOW. THEREFORE, the Citv Council of the Cirv of Chula Vista does ordain as follow�s:
Section I. Delete Section 1�.24.070 Small residential rooftop solar energ�� s��stems.
That Chapter 1�.24 of the Chula Vista Municipal Code is hereby amended to read as follo���s:
Ordinance No. 3373
Page No. 2
Chapter 1�.24
ELECTRICAL CODE AND REGULATIONS*
Sections:
15.24A10 California Electrical Code, 2013 Edition, adopted by reference.
15.24.035 Pre��iously used materials.
15.24.045 Distribution panels—Separate required when.
15.24.050 Circuit cards to be posted when.
15.24.055 Electric feoces — Defined — Pro6ibited.
15.24.060 Phasearrangement—Amended.
15.24.065 Photovoltaic pre-wiring requirements.
* For statutory provisions exempting electrical contractors from licensing under an electrical
repairman's statute; see Bus. and Prof. Code § 9804. For statutory provisions authorizing cities to
regulate the materials used in wiring structures for electricity and in piping them for water, gas or
electricity, and to regulate the manner of such piping, see Gov. Code § 38660.
1�Z4.O10 California Electrical Code, 2013 Edition, adopted by reference.
There is hereby adopted bv reference the California Electrical Code, 2013 Edition; I:noti�n as the
California Code of Regulations; Title 24, Part 3, as copyrighted by the National Fire Protection
Association and the California Building Standards Commission. Said document is hereby
adopted as the elech-ical code of the City of Chula Vista, regulating the installation, repair.
operation and maintenance of all elcetrical wiring a��d dcctrical apparatus of any naYUre
whatsoever, whether inside or outside of any building withii� the Ciry, excepting such portions as
are hereinafrer deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the
administrati��e, organizationa] and enforcement rules and regulations for this chapter.
1>.24.03� Pre��iousl�� used materials.
Pre��iously used materials shall not be reused in any work «�ithout approval by the Building
Official.
15.24.045 Distribution panels — Separatc required when.
Each store in a store building. each flat in a flat building, and each building used as a d��elling
shall be so ���ired that each store. apanment. flat or dwelling shall ha��e separate lightin� and/or
poN�er distribution panels. Such panels shall not ser��e other portions of the buildin�. Hotels.
motels. hotel apartments and similar t��pes of buildings may be wired from one or more
distribution panels.
Ordinance No. 33T
Paee No. 3
15.24A50 Circuit cards to be posted ���hen.
\'�'hen requested bv the Buildinv Official. a complete schedule of circuits sho���ing the number.
kind and capacity of each outlet on each circuit shall be posted on each job prior to rou�h
inspection.
1�.24.Oi5 Electric fences — Defined —Prohibited.
A. .As used herein. the term "electric fence" includes all fences ��°hich in am� �va�� use electrical
enerev as an additional deterrent or ha��e ���ires char�ed ��ith electricit� ���hich are not co��ered
�i�ith adequate insulation to protect persons and animals coming in contact there�rith.
B. �o electric fence ma�� be constructed, maintained or operated ��'ithin the Cit��.
1�.24.060 Phase arrangement—.�mended.
Section 408.3(E) of the California Electrical Code is hereb�� amended to read:
Phase rlrran�ement. The phase arrangement on three-phase buses shall be A; B; C from front to
back, top to bottom, or lefr to right, as �ie��-ed from the front of the snitchboazd or panelboard.
The C phase shall be that phase ha�ing the hieher ��olta�e around on three-phase. four-�+�ire
delta-connected s��stems. Other busbar arran�ements ma�� be permitted for additions to e�istins
installations and shall be marked.
1>.24.06� Photovoltaic pre-wiring requirements.
All ne��� residential units shall include electrical conduit specificall�� designed to allo�v the later
installation of a photovoltaic (PV) s�stem ��-hich utilizes solaz ener�v as a means to pro�ide
electricit�=. 1��o building permit shall be issued unless the requirements of this section and the
Chula Vista Photo��oltaic Pre-«'irine Installation Requirements are incorporated into the
approved buildin� plans.
The pro��isions of this chapter can be modified or ��ai��ed ��hen it can be satisfactorih�
demonstrated to the Building Official that the requirements of this section are impractical due to
shadin�. buildine orientation, construction constraints or confiQuration of the parcel.
Section II. Added Chapter 15.29
That Chapter 1�.29 is hereb}� added to the Chula Vista A4unicipal Code to read as
follo���s:
Ordinance No. �373
Page No. 4
Chapter ]SZ9
EXPEDITED PERMIT PROCESSIl\'G
15.29.010 Definitions
]5.29.020 Small residential rooftop solar energy systems
15.29.030 Electric vehicle charging stations
15.29.040 Fees
15.29.050 Use Permit
15.29.060 Denial
* For statutory provisions regazding expedited permit processing requirements, see
Gov't Code §§ 65850.5 and 65850.7.
15.29.010 Definitions
"A feasible method to satisfactorily miti,�ate or avoid the specific, adverse impact ' includes, but
is not limited to. am� cost-eYfecti�e method, condition, or mitigation imposed by the City on
another similarly situated application in a prior successful application for a pennit. The Cit}� shall
use its best efforts to ensure that the selected metliod, condition. or miti�ation meets the
conditions of subpara�raphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the
Ci��i] Code.
"Electric vehicle charging station" or "charging station" means any leve] of electric vehicle
supply equipment station that is designed and built in compliance with the California Electrical
Code, and delivers eleetricity from a source outside an electric vehicle into a plag-in electric
vehicle.
"Small residential rooftop solar energy system" means all of the following:
a. A solar energy system that is no larger than 10 kilowatts alternating current nameplate
rating or 30 kilowatts thermal.
b. A solar energy system that conforms to all applicable state fire, sVuctural, electrical, and
other building codes as adopted or amended by the City and all state and City health and
safetv standards.
c. A solar energy system that is installed on a single or duplex family dwelling.
d. A solar panel or module array that does not eaceed the maximum legal building height
as defined by the City.
"Solar Ener�y System" means either of the following:
Ordinance No. 3373
Pa¢e No. �
a. An}� solaz collector or other solar energ� device whose priman� purpose is to provide for
the collection. storaee. and distribution of solaz energ�� for space heatine, space cooling,
electric generation; or�°ater heating.
b. Any structural design feature of a buildina, ���hose priman� purpose is to provide for the
collection, storaee, and distribution of solaz energ�� for electricit}� 2eneration, space
heatine or cooline. or for��ater heatine.
"Specific; adverse impact" means a sienificant. quantifiable, direct, and una��oidable impact.
based on objective; identified, and NTitten public health or safety standazds, policies, or
conditions as they existed on the date the application was deemed complete.
15.29.020 Small residential rooftop solar ener�� s��stems
A. Purpose. The purpose of this section is to adopt an e�pedited solaz permitting process for
small residential roofrop solaz energ�� s��stems pursuant to Go��emment Code 6�8�0.�(g).
B. Applicabilih�. This section applies to the permitting of eligible small residential roofrop solaz
enerev s��stems in the Cin�.
C. Permining. Applicants desiring to qualify for the eapedited re��ie��� shall submit an
application to the Cih�; in a form approved bv the Cit��'s building officiaL The buildine
official is authorized to adminisvatively act on such applications, pursuant to this section.
Decisions of the building official ma�� be appealed to the Plannine Commission.
D. Eligibility checklists. The Citv shall adopt checklists of all requirements with which small
roofrop solaz enere�� s}�stems shall comply to be elieible for expedited review. The checklists,
standard plans and espedite process shall substantially conform ��ith the recommendations
contained in the most current �ersion of the California Solar Permittine Guidebook and
adopted by the Go��emor's Office of Plannine and Research. The buildine official is hereb��
authorized to de��elop and maintain the eligibilit�� checklists.
E. An application that satisfies the requirements of the eligibility checklists, �as determined b}�
the building official, shall be deemed complete and eligible for the expedited permittine
process. Upon receipt of an incomplete application, the building official shall issue a w�ritten
correction notice detailing all deficiencies in the application and any additiona] information
required to be eligible for the expedited permitting process.
F. Upon confirmation b}� the buildin� official that the application and supportine documentation
aze complete and that the solar energ� system substantially confortns to all applicable local,
state; and federal health and safet}� requirements. the building official shall administrati��ely
approve the application and issue required permits. Such appro��al does not authorize an
applicant to connect the small residential roofrop energy svstem to the local utilit�� providers
electricit�� grid. The applicant is responsible for obtainin� such approval or permission from
ihe local utility pro��ider. �
Ordinance No. 3373
Page No. 6
G. For a small residential roofrop solaz energy system eligible for expedited re��ie��, one
consolidated building inspection shall be required, which shall be done in a timely manner.
If a small residential rooftop solaz energy system fails inspection, re-inspections are
required.
15.29.030 Electric vehicle charging stations
A. Purpose. The purpose of this section is to adopt an expedited permitting process for electric
vehicle charging stations pursuant to Government Code 65850.7(g).
B. Permitting. Applicants desiring to qualify for the expedited review shall submit an
application to the City, in a form approved by the City's building official. The building
official is authorized to administratively act on such applications, pursuant to this section.
Decisions of the building official may be appealed to the Planning Commission.
C. Checklists. The City building official is authorized and directed to develop diecklists of all
requirements with �n�hich electric vehicle charging stations shall comply to be eliaible for
expedited revieN�. An applicatio� that satisfies the requirements of the eligibility checklists,
as determined by the building official, shall be deemed complete and eligible for the
eapedited permitting process. Upon receipt of an incomplete application, the building official
shall issue a written correction notice detailing all de5ciencies in the application and any
additional information required to be eligible for the expedited permitting process.
F. Upon confirmation by the building official of the application and supporting documentation
being complete and that the electric vehicle charging stations substantially conforms to all
applicable local, state, and federal health and safety requirements, the building official shall
administratively approve the application and issue required permits.
15.29.040 Fees
Permit fees for eligible small residential rooftop solar energy systems and electric vehicle
charging stations shall be as specified in the Master Fee Schedule of the City of Chula Vista.
15.29.050 Use Permit
]f the building official makes a finding, based on substantial evidence, that the proposed project
could have a specific, adverse impact on the public health and safety, the building official may
require the applicant to apply for a use permit.
15.29.060 Denial
The City may deny an application if it makes written findings based on substantial evidence in
the record that the proposed installation would have a specific, adverse impact on the public
health or safet��; and there is no feasible method to satisfactorily mitigate or avoid the specific;
ad��erse impact.
Ordinance No. 3373
Page No. 7
Section III. Se��erabiliri�
If an�� portion of this Ordinance, or its application to anv person or circumstance. is for
am� reason held to be im�alid, unenforceable or unconstitutional. by a coun of competent
jurisdiction, that portion shall be deemed se��erable, and such in��alidit��, unenforceabilin or
unconstimtionalin� shall not affect the validit}� or enforceability of the remaining portions of the
Ordinance, or its application to anv other person or circumstance. The City Council of the Cin�of
Chula Vista hereby declazes that it ���ould have adopted each section. sentence, clause or phrase
of this Ordinance; irrespective of the fact that an�� one or more other sections; sentences; clauses
or phrases of the Ordinance be declazed invalid; unenforceable or unconstitutional.
Section IV. Construction
The Cit}� Council of the Citv of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, appiicable state and federal la��� and this Ordinance shall be construed in
lieht of that intent.
Section V. Effecti��e Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The Cit�� Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause
the same to be published or posted accordine to law.
Presented b � Approved as to form b}�
� �,
.
��%';�` " � ' �
Kelly . u on, FASLA Glen R�Goo�ins ( I I
Director of Development Services � 'ty Attomey � V
��
Ordinance No. 3373
Page No. 8
PASSED; APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th dav of September 2016, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
�
Mary alas; Mayor
ATTEST:
/�.
Donna R. Norris, MC, ih� lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance
No. 3373 had its first reading at a regular meeting held on the 16th day of August 2016 and its second
reading and adoption at a regular meeting of said Ciry Council held on the 13th day of September 2016;
and was duly published in summary fonn in accordance with the requirements of state law and the City
Charter.
s �o �� �, ,��
Dated Donna R. Norris, C, Cih� lerk