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HomeMy WebLinkAbout15-08 CC OrdinanceORDINANCE NO. 15-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 15.04.100 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Intent. A. The City Council of the City of Temecula seeks to implement Assembly Bill 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems. B. The City Council seeks to further the conservation goals of the City and support the climate action policies set by the State. C. It is in the interest of the health, welfare and safety of the people of Temecula to provide an expedited permitting process for the deployment of solar ' technology. Section 2. CEQA. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.35 because it provides for the installation of solar energy systems on the roofs of existing buildings. Additionally, this Ordinance is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) because the Ordinance involves updates and revisions to existing administrative building permit regulations consistent with California law, specifically Government Code section 65850.5 and Civil Code section 714. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant negative effect on the environment. Section 3. A new Section 15.04.100 is hereby added to Chapter 15.04 of Title 15 of the Temecula Municipal Code to read as follows: "15.04.100 Expedited Review of Small Residential Rooftop Solar Energy System Permits. A. DEFINITIONS. 1. "Small residential rooftop solar energy system" shall have the same ' meaning as provided in the Solar Rights Act, Government Code § 65850.50)(3), as the same may be amended from time to time. Ords 15-08 B. SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM ' STANDARD PLAN AND PERMIT APPLICATION CHECKLIST. 1. The Building Official is authorized to develop and update the standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system standard plan(s) and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists 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, and must be consistent with State law. 2. All documents required for the submission of a small residential rooftop solar energy system permit application, the standard plan(s), and checklist(s) shall be made available on the publicly accessible City Website. 3. Electronic submittal of the required permit application and documents by the Internet shall be available to all small residential rooftop solar energy system permit applicants. [An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.] ' C. PERMIT APPLICATION REVIEW. 1. An application that satisfies the information requirements in the checklist(s) and standard plan(s) shall be deemed complete. 2. 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 permit issuance shall be sent to the applicant for resubmission. 3. The Building Official shall issue a building permit for any complete application that meets the requirements of the approved checklist(s) and standard plan(s) as follows: within 1-3 business days for over the counter and electronic applications, or as soon thereafter as may be practicable. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements. 4. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. D. INSPECTION REQUIREMENTS. 1. Inspection requests may be submitted by email or phone. Ords 15-08 2 2. Only one inspection shall be required and performed by the ' Building Official for small residential rooftop solar energy systems eligible for expedited review. 3. The inspection shall be done in a timely manner. The Building Official shall use its best efforts to schedule an inspection within two [2] business days of a request and provide a four hour inspection window. 4. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section. E. FEES. Fees for permits and inspections associated with this Chapter may be established by resolution of the City Council." Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the ' fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Certification and Publication. The City Clerk shall certify to the passage of this Ordinance and shall cause same to be published pursuant to state law within fifteen (15) days after its passage, and this ordinance shall become effective thirty (30) days after its passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of July, 2015. Jeff Comerchero, Mayor ATTE Randi Johl-Olson, City Clerk ' [SEAL] Ords 15-08 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15-08 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 16th day of July, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of July, 2015, the following vote: AYES: 5 COUNCIL MEMBERS NOES ABSTAIN ABSENT: 0 COUNCIL MEMBERS: 0 COUNCIL MEMBERS: 0 COUNCIL MEMBERS: Ords 1508 4 Edwards, McCracken, Naggar, Rahn, Comerchero None None None 4: n--- Randi Johl-Olson, City Clerk