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Ordinance No. 290 ORDINANCE NO. 290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 15 OF THE CHINO HILLS MUNICIPAL CODE BY ADDING CHAPTER 15.16 TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS, AND FINDING PROPOSED ORDINANCE EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. The City Council of the City of Chino Hills recognizes the importance of green technology and wishes to advance the use of solar energy by its citizens, businesses and industries; b. By this ordinance, the City Council seeks to implement Assembly Bill 2188 by creating an expedited, streamlined permitting process for small residential rooftop solar energy systems. SECTION 2. Adoption of this Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. Further, the adoption of this Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure-making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing the previously approved project to be constructed. Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordinance will not adversely impact the environment and is therefore exempt from the provisions of CEQA. Page 1 of 8 SECTION 3. Title 15 (Buildings and Construction) of the Chino Hills Municipal Code ("CHMC") is amended to add a new Chapter 15.16 to read as follows: "Chapter 15.16 - EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS Section 15.16.010: Purpose. This chapter implements the Solar Rights Act as codified at Government Code § 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems. Section 15.16.020: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth in this Code, the Act, or regulations promulgated in accordance with applicable law. "Act" means the Solar Rights Act as codified at Government Code § 65850.5. "Director" means the City Manager, or designee. In the absence of a different designation by the City Manager, the Community Development Director, or designee, is the Director. "Electronic submittal" means utilization of office equipment and software used for communicating including, without limitation, telephone, facsimile machine, office automation equipment (computer terminals or personal computers, including laptops) and communications software applications such as electronic mail and Internet browsers. "Information Technologies" or "IT" means any system, device, hardware, software, or other equipment designed and used for transmitting or receiving communications by any form of electronic mail (e-mail) or any network of interconnected computers, including, without limitation, the Internet, as used for such purposes. "Internet" or "world wide web" means a global network connecting multiple information technologies from schools, libraries, businesses, or private homes, using a common set of communication protocols. "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. Page2of8 "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means: a. 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), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed. b. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000) 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. "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, structural, electrical, and other building codes as adopted or amended by the city and all state and local 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. "Solar Energy System" means either of the following: a. 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. 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. Section 15.16.030: 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 permitted before the effective date of this chapter are not subject to the Page 3 of 8 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 do not require a permit. Section 15.16.040: Solar Energy System Requirements. a. All solar energy systems must meet applicable legal health and safety standards and requirements. b. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications must be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code, as adopted by this Code. c. Solar energy systems for producing electricity must 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. Section 15.16.050: Duties of the Director. a. All documents required for the submission of an expedited solar energy system application must be made available on the internet. b. Electronic submittal of the required permit application and documents by information technologies is available to all small residential rooftop solar energy system permit applicants. All forms, applications, and other documents may be signed electronically in accordance with Government Code § 16.5. c. The Director must develop a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. d. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) must substantially conform 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. Page 4 of 8 e. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code §§ 65850.55, 66015, and 66016; along with Health and Safety Code § 17951. Section 15.16.060: Permit review and inspection requirements. a. The Director must implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Director must issue a ministerial building permit on the same day for over-the-counter applications or within three business days for electronic submittals, upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Director may require an applicant to apply for an administrative use permit if the Director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions must be in writing and may be appealed to the Planning Commission in accordance with this Code. b. Review of the application is limited to whether the application meets applicable law. c. If an administrative use permit is required, the Director may deny an application for the use permit if the Director 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, as defined, the adverse impact. Such findings must 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 in accordance with this Code. d. Any condition imposed on an application must be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. e. The Director cannot condition approval of an application on by requiring formation of an association. 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 issuing an expedited permit must be sent to the applicant for resubmission. g. Only one inspection is required and must be performed by the Director for small residential rooftop solar energy systems eligible for expedited review. Page 5 of 8 h. The inspection must be done in a timely manner and should include consolidated inspections. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter." SECTION 4. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 5. Enforceability. Repeal of any provision of the CHMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CHMC or other city ordinance by this Ordinance will be rendered void and cause such previous CHMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 6 of 8 SECTION 9. This Ordinance will take effect on the 31st day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 8th day of September , 2015. CYNT(IIA MORAN, MAYOR ATTEST: erref 93,4 CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. I4ENSLEY, CITY ATTORNEY Page 7 of 8 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 290 was duly introduced at a regular meeting held August 11, 2015; and adopted at a regular meeting of the City Council held on the 8th day of September, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, BENNETT, GRAHAM, MARQUEZ, AND ROGERS. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BALZ, CITY-CLERK'- (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 290 duly passed and adopted by the Chino Hills City Council at their regular meeting held on September 8, 2015 and that Summaries of the Ordinance were published on August 29, 2015 and September 12, 2015 in the Chino Hills Champion newspaper. If av WAS CHERYL BALZ, CITY CLERK V (SEAL) 8 of 8 AFFIDAVIT OF POSTING STATE OF CALIFORNIA CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 290, being: An Ordinance of the City Council of the City of Chino Hills, California, Amending Title 15 of the Chino Hills Municipal Code by Adding Chapter 15.16 to Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Systems, and Finding Proposed Ordinance Exempt from Review under the California Environmental Quality Act attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 8th of September, 2015. elk IP' Ak CHERYL BACZ, CITY CLERK (SEAL) PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino I am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit; September 12 all in the year 2015 I certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 12th day of September i Signature Lynn Conner a SEP 16 2015 Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is for the County Clerk's Filing Stamp 3lic Nn PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO. 290 NOTICE IS HEREBY GIVEN that on September S, 2015, the City Council of the City of Chino Hills adopted Ordinance No.290 entitled: AN ORDINANCE OF THE CITY COUNCIL of THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 15 OF THE CHiNO HILLS MUNICIPAL CODE BY ADDING CHAPTER 15.16 TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS. Ordinance No. 290 adds a new Chapter 15.16 Expedited Permit Process for Small Residential Rooftop Solar Systems. The purpose of the ordinance is to implement the Solar Rights Act as codified at Government Code § 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems. Ordinance No. 290 was adopted by the City Council by the following vote: Ayes: Moran, Bennett, Graham, Marquez, Rogers Noes: None A certified copy of the full text of the Ordinance is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills, DATED: September 10, 2015 s/CHERYL BALI, CITY CLERK PUBLISH: Chino Hills Champion September 12, 2015 759-15