Title
ORDINANCE NO. 3353 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADDING SECTION 15.24.070 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
Section 65850.5(g)(1) of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. The proposed ordinance is intended to satisfy the requirement.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity falls within the Class 8 Categorical Exemption pursuant to California Code of Regulations Title 14, Chapter 3, Article 19 (the “State CEQA Guidelines”) section 15308 and therefore is exempt from environmental review; and notwithstanding the Class 8 Categorical Exemption, the Director of Development Services has further determined that there is also no possibility that the activity may have a significant effect on the environment; therefore, pursuant to section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Assembly Bill 2188 (2014) amended Section 65850.5 of the Government Code (GC) to require cities and counties, on or before September 30, 2015, to adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.
As defined in GC Section 65850.5, a small residential rooftop solar energy system is:
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, 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 dwelling.
d. A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
Section 65850.5 of the GC provides that in developing an expedited permitting process, the city shall:
a. Adopt a checklist of all requirements with which small rooftop solar energy systems must comply with to be eligible for expedited review.
b. The expedite process, standard plan(s), and checklist(s) shall substantially conform to recommendations contained in the most current version of the California Solar Permitting Guidebook (CSPG) adopted by the Governor’s Office of Planning and Research.
c. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City website.
d. Electronic submittal of the required permit application and documents by the Internet to be made available to all small residential rooftop solar energy system permit applicants.
e. Only one consolidated inspection to be required and done in a timely manner. Re-inspections are allowed if the system fails inspection.
Staff has developed eligibility checklists and implemented an expedite process for eligible residential roof-top systems. The checklists, standard plans and expedite process do substantially conform to the current version of the CSPG. In addition, staff developed a webpage on the City’s website dedicated to the streamlined process containing all required submittal documents and reference to resources. Furthermore, staff is in the process of developing an online submittal process where applicants can submit the application and documents, and pay fees via the City’s Citizen Access portal.
The proposed ordinance authorizes the building official to develop and maintain the eligibility checklists. An application that satisfies the requirements of the eligibility checklists, as determined by the building official, will be deemed complete and eligible for the expedited permitting process. Upon confirmation by the building official of the application and supporting documentation being complete and that the solar energy system substantially conforms to all applicable local, state, and federal health and safety requirements, the building official will administratively approve the application and issue the required permits. As for inspections, one consolidated building inspection is required, which will be performed in a timely manner. If the system fails inspection, re-inspections will be required.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18705.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed ordinance supports the Healthy Community goal as it seeks to facilitate the installation of renewable energy systems that will help the City and State reached their energy and environmental goals.
CURRENT YEAR FISCAL IMPACT
There are no increases in fees proposed in this adoption. Currently, the City subsidizes the permit fees for residential solar systems. The total permit fee is currently $250. Between FY 10 and FY 15, the number of processed residential solar permits increased by about 1900%. In FY 15, staff processed around 1,750 solar permit applications. Expediting such a large number of permits may have an impact on resources. Staff will continue to monitor this and update City Council as necessary.
The General Fund impact for this subsidy in fiscal year 2014 was approximately $445,000 and is expected to be in the same range in fiscal years 2015 and 2016.
ONGOING FISCAL IMPACT
Staff is currently working on an update to the Development Service Department’s fee schedule and will bring that forward to City Council for consideration at a future meeting. A full cost recovery model will be used for this expedited PV review service fee.
ATTACHMENTS
No attachments.
Staff Contact: Lou El-Khazen, Building Official, Development Services