CITY OF DANA POINT AGENDA REPORT FROM: URSULA LUNA-REYNOSA, DIRECTOR OF COMMUNITY DEVELOPMENT; JACK HOLDEN, BUILDING OFFICIAL

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1 06/19/18 Page 1 Item # 15 CITY OF DANA POINT AGENDA REPORT Reviewed By: DH X CM X CA DATE: JUNE 19, 2018 TO: CITY MANAGER/CITY COUNCIL FROM: URSULA LUNA-REYNOSA, DIRECTOR OF COMMUNITY DEVELOPMENT; JACK HOLDEN, BUILDING OFFICIAL SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF DANA POINT AMENDING TITLE 8, BUILDING AND CONSTRUCTION, OF THE MUNICIPAL CODE, TO ADD 1) SECTION , EXPEDITING PERMITTING PROCESSING FOR RESIDENTIAL ROOFTOP SOLAR PHOTO VOLTAIC INSTALLATIONS, AND 2) CHAPTER 8.33, EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING RECOMMENDED ACTION: That the City Council introduce and hold a first reading of the attached (Action Document A) Ordinance of the City of Dana Point entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING TITLE 8, BUILDING AND CONSTRUCTION, OF THE MUNICIPAL CODE, TO ADD 1) SECTION , EXPEDITING PERMITTING PROCESSING FOR RESIDENTIAL ROOFTOP SOLAR PHOTO VOLTAIC INSTALLATIONS, AND 2) CHAPTER 8.33, EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING BACKGROUND: The State of California adopted two assembly bills to promote and encourage alternative energy; 1) Assembly Bill 2188 (2014, Muratsuchi, codified as Government Code Section (g)(1)) and Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section ). AB 2188 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 by minimizing the permitting costs of such systems. To achieve that end, the State has mandated that all jurisdictions adopt a process to issue Solar Photo Voltaic permits in a timely manner as well as limiting the fees that Cities may charge for rooftop residential installations. In furtherance of that objective, Section (g)(1) of the California Government Code requires that every city, county, or city and county must adopt an

2 06/19/18 Page 2 Item # 15 ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. AB 1236 requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. The ordinance shall include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. DISCUSSION: AB 2188 AB 2188 requires jurisdictions to adopt an expedited permitting process that substantially conforms with that process laid out in Parts 3 and 4 of the California Solar Guidebook. Jurisdictions may modify these documents, as specified. While the City has not adopted a specific ordinance, as of this date, to implement the requirements of this statute, it does in fact process permits in a timely manner and does limit the application and permit fees based on State Statutes. Therefore, effectively, the City is in compliance with the intended outcome of AB The City, however, should adopt the ordinance mandated by Section (g)(1) of the Government Code. The attached ordinance is intended to satisfy that requirement by codifying the requirements of Section (g)(1) of the Government Code; such as accepting and approving applications electronically, directing the City s Building Official to develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review, and authorizing the Building Official to administratively approve such applications. AB 1236 AB 1236 requires the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. An electric vehicle charging station is any level of electric vehicle supply equipment station which delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. AB 1236 refers to the recommendations 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. The attached ordinance is intended to satisfy the requirements of Section of the Government Code; such as accepting and approving applications electronically, directing the City s Building Official to develop a checklist of all requirements with which electric vehicle charging station will be eligible for expedited review, and authorizing the Building Official to administratively approve such applications.

3 06/19/18 Page 3 Item # 15 NOTIFICATION AND FOLLOW-UP: The Ordinance will be published in accordance with State and local regulations. ACTION DOCUMENT: PAGE NO. A. City Council Ordinance... 4 SUPPORTING DOCUMENT: B. None

4 06/19/18 Page 4 Item # 15 ACTION DOCUMENT A ORDINANCE NO. 18-xx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING TITLE 8, BUILDING AND CONSTRUCTION, OF THE MUNICIPAL CODE, TO ADD 1) SECTION , EXPEDITING PERMITTING PROCESSING FOR RESIDENTIAL ROOFTOP SOLAR PHOTO VOLTAIC INSTALLATIONS, AND 2) CHAPTER 8.33, EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING The City Council of the City of Dana Point does hereby ordain as follows: WHEREAS, the State of California and the City of Dana Point have consistently promoted and encouraged the use of alternative energy including the use of solar energy and electric vehicles; and WHEREAS, the State of California adopted AB 2188 which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting p0rocess for residential solar systems; and WHEREAS, the State of California adopted AB Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and WHEREAS, creation of an expedited, streamlined permitting process for residential photo voltaic systems and electric vehicle charging stations facilitate and help reduce the City s reliance on environmentally damaging fossil fuels; and WHEREAS, the City of Dana Point seeks to amend Title 8 of the Dana Point Municipal Code, Building and Construction, to add 1) Section , Expediting Permitting Processing for Residential Rooftop Solar Photo Voltaic Installations, and 2) Chapter 8.33, Expedited Electric Vehicle Charging Station Permitting; and WHEREAS, The City Council, on June 19, 2018 held a meeting as prescribed by Law to consider said request; and WHEREAS, at said meeting, the City Council considered all factors related to the proposed Ordinance. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Dana Point as follows: SECTION 1: That the above recitations are true and correct and incorporated herein.

5 06/19/18 Page 5 Item # 15 SECTION 2: Section of the City of Dana Point Municipal Code is hereby added to read as follows: Expediting Permitting processing for Residential Rooftop Solar Photo Voltaic Installations. Residential Photo Voltaic systems shall be permitted by a permitting process that substantially conforms with that process laid out in Parts 3 and 4 of the California Solar Guidebook. Modifications to the guidebook are made to conform to Dana Point s permitting system and inspection processes. Section Expedited Review Process Consistent with Government Code Section (g)(1), the Building Official shall implement an expedited administrative permit review process for small rooftop solar PV systems, and adopt a checklist of all requirements with which those systems shall comply with in order to be eligible for expedited review. Section Electronic Submittals The Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. SECTION 3: Chapter 8.33 of the Dana Point Municipal Code is hereby added to read as follows: 8.33 Expedited Electric Vehicle Charging Station Permitting Expedited Review Process Consistent with Government Code Section , the Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to Government Code Section , shall be subject to the administrative permitting procedures set forth in the City s Electric Vehicle Charging Station Permit Expediting Ordinance. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by 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. The City s adopted checklist shall be published on the City s website.

6 06/19/18 Page 6 Item # Electronic Submittals Consistent with Government Code Section , the Building Official shall allow for electronic submittal of permit applications covered by this Ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant No Association Approval Consistent with Government Code Section , the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section Permit Application Processing A permit application that satisfies the information requirements in the City s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws, the Building Official shall, consistent with Government Code Section , approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete a written correction notice shall be returned to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance Technical Review It is the intent of this Ordinance to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code , the City may require the applicant to apply for a use permit. SECTION 4: If any sections, subsection, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5: In adopting this Ordinance, the City Council finds and determines that pursuant to CEQA Guidelines Section 15061(b)(3) the adoption of this ordinance is to implement

7 06/19/18 Page 7 Item # 15 State mandated policy which will result in ministerial actions (which are exempt from CEQA pursuant to CEQA Guidelines Section ) and therefore the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is to possibility that adopting State mandated alternative energy policy will have a significant effect on the environment. SECTION 6: This Ordinance shall become effective thirty (30) days after its passage and adoption. Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such Posting and shall certify to the same, The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of, ATTEST: RICHARD A. VICZOREK, MAYOR KATHY M. WARD CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF DANA POINT ) I, Kathy M. Ward, City Clerk of the City of Dana Point, do hereby certify that the foregoing Ordinance No. 17-XX was duly introduced at a regular meeting of the City Council on the day of, 2018, and was duly adopted and passed at a regular meeting of the City Council on the day of, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHY M. WARD, CITY CLERK