HomeMy WebLinkAboutORD 06-15 Adding Chapter 15.18 Residential Rooftop Solar SystemsORDINANCE NO. 06-15
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING TITLE 15 OF THE
ORANGE MUNICIPAL CODE BY ADDING
CHAPTER 15.18 TO PROVIDE AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR
SMALL RESIDENTIAL ROOFTOP SOLAR
SYSTEMS.
WHEREAS, the City Council of the City of Orange recognizes the importance of
encouraging the installation and use of solar energy systems; and
WHEREAS, California Government Code Section 65850.5 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 minimize the permitting costs of such systems; and
WHEREAS, California Govenunent Code Section 65850.5 requires 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; and
WHEREAS, the City of Orange General Plan includes goals and policies in its
Natural Resources Element, and actions in its Implementation Plan that lead development
practices in the City toward a higher level of sustainability, energy conservation, and a
resulting long -term reduced community wide contribution to human factors that may
influence climate change; and
WHEREAS, this ordinance is exempt from the provisions of the California
Enviroimnental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Class 8-
Actions by Regulatory Agencies for the Protection of the Environment) because it is an
action to adopt an ordinance to assure maintenance, enhancement or protection of the
environment, where the regulatory process involves procedures for the protection of the
environment and does not involve construction activities or the relaxation of standards.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Orange as
follows:
SECTION I:
Title 15 of the Orange Municipal Code is hereby amended, adding Chapter 15.18 to
the Municipal Code, establishing an expedited, streamlined permitting process for small
residential rooftop solar systems, which shall read as follows:
Chapter 15.18 - SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS EXPEDITED
PERMIT PROCESS
15.18.010 — Purpose and Intent.
The purpose of the chapter is to provide an expedited, streamlined solar permitting
process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes
2014, CA Govt. Code Section 65850.5) in order to achieve timely and cost effective
installations of small residential rooftop solar energy systems. This chapter
encourages the use of solar systems by removing unreasonable barriers, minimizing
costs to property owners and the city and expanding the ability of property owners to
install solar energy systems. This chapter allows the city to achieve these goals while
protecting the public health and safety.
15.18.020 — Definitions.
The following words have the following meaning, as used in this chapter:
A. "Solar Energy System" means 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 water heating.
2. 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.
B. "Small residential rooftop solar energy system" means all of the following:
1. A solar energy system that is no larger than 10 kilowatts alternating current
nameplate rating or 30 kilowatts thennal.
2. 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.
3. A solar energy system that is installed on a single or two family dwelling.
4. A solar panel or module array that does not exceed the maximwn legal
building height as defined by the City.
C. "Electronic submittal" means the utilization of electronic email or submittal via the
interiet.
D. "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.
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E. "Reasonable restrictions" on a solar energy system are those restrictions that do not
significantly increase the cost of the system or significantly decrease its efficiency or
specified performance, or that allow for an alternative system of comparable cost,
efficiency, and energy conservation benefits.
F. "Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance" means:
For water heater systems or solar swimming pool heating systems, an amount
exceeding
10 percent of the cost of the system, but in no case more than one thousand dollars
1,000.00) or decreasing the efficiency of the system by an amount exceeding 10
percent, as originally specified and proposed.
For Photovoltaic Systems, an amount not to exceed one thousand dollars ($1,000.00)
over the system cost as originally specified and proposed, or a decrease in system
efficiency of an amount exceeding 10 percent as originally specified and proposed.
15.18.030 — Applicability.
A. This chapter applies to the permitting of all small residential rooftop solar
energy systems in the city.
B. Small residential rooftop solar energy systems legally established or pennitted
prior to the effective date of the ordinance codified in 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 pen
C. Design review may be required for historic properties as determined by the
Community Development Director.
15.18.040 — Solar Energy System Requirements.
A. All solar energy systems shall meet applicable health and safety standards and
requirements imposed by the State and the City.
B. Solar energy systems for heating water in single family residences and for heating
water in commercial or swinuning pool applications shall be certified by an
accredited listing agency as defined by the California Plumbing and Mechanical
Code.
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C. Solar energy systems for producing electricity shall meet all applicable safety and
performance standards established by the California Electrical Code, the Institute of
Electrical and Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
15.18.050- Applications and Documents.
A. All documents required for the submission of an expedited solar energy
system application shall be made available on the City website.
B. Electronic submittal of the required pen application and documents by email, or
the internet shall be made available to all small residential rooftop solar
energy system permit applicants.
C. The City's Building and Safety Division shall adopt a standard plan and checklist
of all requirements small residential rooftop solar energy systems must comply with
to be eligible for expedited review.
D. The small residential rooftop solar system pennit process, standard plan(s),
and checklist(s) shall substantially confonn to recommendations for expedited
permitting, including the checklist and standard plans contained in the most current
version of the California Solar Permitting Guidebook adopted by the Governor's
Office of Planning and Research.
15.18.060- Permit Review and Inspection Requirements.
A. The Chief Building Official shall implement an administrative, nondiscretionary
review process to expedite approval of small residential rooftop solar energy systems.
The Building Division shall issue a building permit on the same day for over -the-
counter applications or within 1 business day for electronic applications upon receipt
of a complete application that meets the requirements of the approved checklist and
standard plan. The Chief Building Official may require an applicant to apply for an
Administrative Use Permit if the official finds, based on substantial evidence, that the
solar energy system could have a specific, adverse impact upon the public health and
safety.
B. Review of the application shall be limited to the Chief Building Official's
determination of whether the application meets local, State, and Federal health and
safety requirements.
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C. If an Administrative Use Pen is required, the city may deny such application if
it makes written findings based upon substantive evidence in the record that
the proposed installation would have a specific, adverse impact upon public health or
safety and there is no feasible method to satisfactorily mitigate or avoid the adverse
impact. Such findings shall include the basis for the rejection of the potential feasible
alternative for preventing the adverse impact. Such decisions may be appealed to the
Planning Commission.
D. Any condition imposed on an application shall be designed to mitigate the
specific, adverse impact upon health and safety at the lowest possible cost.
E. "A feasible method to satisfactorily mitigate or avoid the specific, adverse
impact" includes, but is not limited to, any cost - effective method, condition, or
mitigation imposed by the City on another similarly situated application in a prior
successful application for a pennit. The City shall use its best efforts to ensure that
the selected method, condition, or mitigation meets the conditions of California Civil
Code Section 714 defining restrictions that do not significantly increase the cost of
the system or decrease its efficiency or specified performance.
F. If an application is deemed incomplete, a written correction notice detailing
all deficiencies in the application and any additional information or
documentation required to be eligible for expedited pen issuance shall be sent to
the applicant for resubmittal.
G. Only one inspection shall be required and performed by the Building and Safety
Division for small residential rooftop solar energy systems eligible for
expedited review.
H. The inspection shall be done in a timely mamler and should include
consolidated inspections.
I. If a small residential rooftop solar energy system fails inspection, a subsequent
inspection is authorized.
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
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SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days after its passage in a
newspaper of general circulation in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with
the nanies of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933.
ADOPTED this 11th day of August, 2015.
Tere E. Smith, yor, rty of Orange
ATTEST:
Mary E. hy, City Clerk-, range
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 14th day of July, 2015, and thereafter at the regular meeting of said City
Council duly held on the 11th day of August, 2015, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary E. Mu City Clerk, ange
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