HomeMy WebLinkAboutORD 455 2017 1004 ORDINANCE NO. 455
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING CHAPTER 15.21 — SMALL RESIDENTIAL ROOFTOP
SOLAR ENERGY SYSTEMS, OF TITLE 15, BUILDINGS AND
CONSTRUCTION, OF THE MOORPARK MUNICIPAL CODE, TO
ADDRESS ELECTRIC VEHICLE CHARGING STATIONS, AND
DETERMINATION THAT THE CREATION OF AN EXPEDITED,
STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING STATIONS IS EXEMPT FROM THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Subsection (a) of Section 65850.7 of the California Government
Code provides that the implementation of consistent statewide standards to achieve the
timely and cost-effective installation of electric vehicle charging stations is a matter of
statewide concern; and
WHEREAS, Subdivision (g)(1) of Section 65850.7 of the California Government
Code provides that, on or before September 30, 2017, every city, county, or city and
county with a population of less than 200,000 residents shall adopt an ordinance,
consistent with the goals and intent of Section 65850.7, that creates an expedited,
streamlined permitting process for electric vehicle charging stations.
WHEREAS, the Community Development Director has determined that the
creation of an expedited, streamlined permitting process for electric vehicle charging
stations is exempt from the provisions of the California Environmental Quality Act
(CEQA), in that the action of the City Council does not involve the consideration of the
approval of a project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the Community Development Director's determination that the creation of an
expedited, streamlined permitting process for electric vehicle charging stations is
exempt from the provisions of the California Environmental Quality Act (CEQA), in that
the action of the City Council does not involve the consideration of the approval of a
project.
SECTION 2. Chapter 15.21 — Small Residential Rooftop Solar Energy Systems,
of Title 15, Buildings and Construction, of the Moorpark Municipal Code, is amended to
address Electric Vehicle Charging Stations as shown in Exhibit A, attached hereto and
incorporated herein.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
Ordinance No. 455
Page 2
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 4th day of October, 2017.
6Jari ,,t,W
ce S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk ripir p"�"o I,.
Air
Exhibit A: Amendments to Chapter 15.21
Ordinance No. 455
Page 3
EXHIBIT A
Chapter 15.21
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS AND ELECTRIC
VEHICLE CHARGING STATIONS
Sections:
15.21.010 Purpose.
15.21.020 Definitions.
15.21.030 Applicability.
15.21.040 General requirements.
15.21.050 Permit application submittal and review.
15.21.060 Inspections.
15.21.010 Purpose.
The purpose of this chapter is to create an expedited, streamlined permitting
process for small residential rooftop solar energy systems and electric vehicle charging
stations in compliance with Sections 65850.5 and 65850.7 of the California Government
Code.
15.21.020 Definitions.
The following words and phrases as used in this chapter are defined as follows:
"Electric vehicle charging station" or "charging station" shall have the same
meaning as provided in Government Code Section 65850.7(i)(3), as the same may be
amended from time to time.
"Electronic submittal" means the utilization of one or more of the following:
1. e-mail,
2. the Internet,
3. facsimile.
"Small residential rooftop solar energy system" shall have the same meaning as
provided in the Solar Rights Act, Government Code Section 65850.5(j)(3), as the same
may be amended from time to time.
"Solar energy system" has the same meaning as set forth in paragraphs (1) and
(2) of subdivision (a) of Section 801.5 of the Civil Code, as the same may be amended
from time to time.
15.21.030 Applicability.
A. This Chapter applies to the permitting of solar energy systems including small
1 residential rooftop solar energy systems, and electric vehicle charging stations in the
City.
Ordinance No. 455
Page 4
B. Small residential rooftop solar energy systems legally established or permitted
I prior to October 15, 2015 -- -• - e- - - - - --e - are not subject to the
requirements herein 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 permit.
C. Electric vehicle charging stations legally established or permitted prior to
November 3, 2017 are not subject to the requirements herein unless physical
modifications or alterations are undertaken that materially change the size, type, or
components of an electric vehicle charging station in such a way as to require new
permitting. Routine operation and maintenance or like-kind replacements shall not
require a permit.
15.21.040 General requirements.
A. All solar energy systems shall meet applicable health and safety standards
and requirements imposed by the state, the city and the local fire department.
B. Solar energy systems for heating water in single-family residences and for
heating water in commercial or swimming pool applications shall be certified by an
accredited listing agency as defined by the California Plumbing and Mechanical Code.
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.
D. All electric vehicle charging stations shall meet all applicable safety and
performance standards established by the California Electrical Code, the Society of
Automotive Engineers, the National Electrical Manufacturers Association, and
accredited testing laboratories such as Underwriters Laboratories and, where
applicable, rules of the Public Utilities Commission regarding safety and reliability.
15.21.050 Permit application submittal and review.
A. The building official shall develop and implement an administrative,
nondiscretionary review process to expedite approval of small residential rooftop solar
energy systems and electric vehicle charging stations; and develop and adopt a
standard plan and checklist of all requirements with which small residential rooftop solar
energy systems and electric vehicle charging stations shall comply to be eligible for
expedited review.
B. The small residential rooftop solar energy system permit process, standard
plan(s), and checklist(s) shall substantially conform to recommendations for expedited
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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.
C. The electric vehicle charging station permit process, standard plan(s), and
checklist(s) shall substantially conform to recommendations for expedited permitting,
including the checklist and standard plans contained in the most current version of the
Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero Emission
Vehicles in California: Community Readiness Guidebook published by the Governor's
Office of Planning and Research.
GD. All documents required for the submission of a small residential rooftop
solar energy system application and electric vehicle charging station application shall be
made available on the city's publicly accessible website.
DE. The building official shall ensure that electronic submittal of the required
permit application and associated documentation shall be made available to all small
residential rooftop solar energy system and electric vehicle charging station applicants.
In the case of electronic submittal, the electronic signature of the applicant on all forms,
applications and other documentation may be used in lieu of a wet signature.
€F. The building official shall deem complete an application for a small residential
rooftop solar energy system or an electric vehicle charging station that satisfies the
information requirements in the standard plan(s) and checklist(s).
FG. If the building official deems the application incomplete, the building official
shall issue a written correction notice to the applicant detailing all deficiencies in the
application and any additional information or documentation required so the application
may be eligible for expedited permit issuance.
GH. The building official shall issue a building permit on the same day for over the
counter applications or within one to three business days for electronic applications or in
either case as soon thereafter as may be practicable upon receipt of a complete
application that meets the requirements of the approved checklist and standard plan and if
the small residential rooftop solar energy system or electric vehicle charging station would
not have any specific, adverse impact upon the public health or safety.
I. If the building official finds, based on substantial evidence, that a proposed
small residential rooftop solar energy system or an electric vehicle charging station could
have a specific, adverse impact upon the public health or safety, the building official may
require the applicant to apply for a small residential rooftop solar energy system or an
electric vehicle charging station use permit.
Ordinance No. 455
Page 6
J. An application for a small residential rooftop solar energy system or an electric
vehicle charging station use permit shall be reviewed by the building official. The
building official shall not deny such an application without making written findings,
based upon substantial evidence in the record, that the proposed small residential
rooftop solar energy system or an electric vehicle charging station would have a
specific, adverse impact upon the public health or safety which could not feasibly be
satisfactorily mitigated or avoided. The written findings required for rejection of a small
residential rooftop solar energy system or an electric vehicle charging station use permit
application shall include the building official's basis for rejecting any potentially feasible
alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to
Government Code Sections 65850.5 and 65850.7, the building official's review shall be
limited to health and safety issues. Aesthetic concerns, or other items not related to
public health or safety may not be considered.
K. A decision of the building official made pursuant to subsections H-J of this
section may be appealed to the planning commission. The planning commission's
review shall also be limited to health and safety issues.
L. Any condition imposed on an application for an expedited building permit or
use permit pursuant to this chapter shall be designed to mitigate the specific, adverse
impact upon health and safety at the lowest possible cost.
15.20.060 Inspections.
Only one inspection shall be required and performed by the building official for
small residential rooftop solar energy systems and electric vehicle charging stations
eligible for expedited review. The inspection shall be done in a timely manner and should
include consolidated inspections. An inspection will be scheduled within one to two
business days of a request. If a small residential rooftop solar energy system or electric
vehicle charging station fails inspection, a subsequent inspection is authorized but need
not conform to the requirements of this chapter.
- END -
Ordinance No. 455
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 455 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 4th day of October, 2017
and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 5th day of October, 2017.
Maureen Benson,Benson, City Clerk
(seal)
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