ORDINANCE NO. 2023-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE UPDATES TO THE CITY’S CLIMATE ACTION PLAN AND UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO INCLUDE SOLARAPP+ WHEREAS, the City adopted its first Climate Action Plan (CAP) in November 2013, which served as the City’s primary policy document for addressing greenhouse gas (GHG) emission reductions. Since the adoption of the City’s CAP, the State has enacted new climate change regulations. To ensure conformity with the latest State climate change regulations, the CAP was updated by the City in November 2020. The City now desires to amend Section 15.45.070 of the municipal code to reflect the updated greenhouse gas reduction requirements for new developments per the City’s Climate Action Plan Update; and WHEREAS, Senate Bill 379, the Solar Access Act, requires cities and counties to streamline the permitting process for solar permits. The U.S. Department of Energy supports an application called SolarAPP+ that is currently being used by other local jurisdictions and is said to be efficient and provide a high level of service to residents and developers. The application is believed to save time and funds, and would potentially encourage residents to apply for solar due to the streamlined permitting process, thus improving economic development and achieving renewable energy goals. The City is incorporating SolarAPP+ into its permitting process and now desires to amend Section 15.46.010 of the municipal code to reflect the availability of SolarAPP+ for City permits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorporated herein by this reference.
Section 2. Section 15.45.070 of Chapter 15.45 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
15.45.070 - GHG Performance Standard for New Development.
All new development in the city shall contribute to the reduction of greenhouse gas emissions by demonstrating consistency with the climate action plan by implementing one or a combination of the following three options:
1. Exceed by three percent the mandatory California Energy Code Title 24, Part 6 standards, in effect at the time of development application submittal by five percent for discretionary review; or
2. Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of development application submittal for discretionary review; or
3. Provide other equivalent greenhouse gas (GHG) reductions through measures including, but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.04 0.074 MT CO2e per residential dwelling unit per year and/or 0.11 MT CO2e per thousand square feet of commercial/industrial development use per year.
Applicants that choose Option 1 described above will be required to verify that their project meets the three five percent improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF-1R) or for commercial/industrial construction (PERF-1C). Applicants that choose Options 2 or 3 described above will be required to utilize the GHG Performance Standard Checklist developed by the city, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the director of community development services to demonstrate the required GHG reductions consistent with the city's CAP.
Section 3. Section 15.46.010 of Chapter 15.46 of the Chino Municipal Code is hereby amended as follows with the remainder of the Section unchanged (additions in bold underline; deletions in bold strikethrough):
15.46.010 - Small Residential Rooftop Solar Energy System Review Process.
A. The following words and phrases as used in this section are defined as follows:
Electronic submittal means the utilization of one or more of the following:
1. E-mail;
2. The internet;
3. Facsimile. ;
4. SolarAPP+.
Small residential rooftop solar energy system means all of the following:
1. A solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating or thirty kilowatts thermal.
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 paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as defined in this Code or applicable provisions of state law.
Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time. …
G. The Solar Automated Permit Processing Plus (SolarAPP+) software is an online platform that provides plan review and instantly issues permits for code-compliant residential photovoltaic (PV) systems. This option is integrated with the city’s existing permitting software, Accela Citizen’s Access, and will provide applicants with an expedited review and permit issuance with a $25.00 administrative fee payable to SolarAPP+, in addition to the city’s permit fees.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby 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 sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 6. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, within said City in accordance with the provisions of the Government Code.
Adopted this 5TH day of SEPTEMBER 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the 5th day of September 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
01225.0005/901810.2
01225.0005/901810.2
Ordinance No. 2023-017