"Association"
means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
"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.
"Small residential rooftop solar energy system"
means all of the following:
(1)
A solar energy system that is no larger than 10 kilowatts alternating
current nameplate rating or 30 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 all state and city health and safety standards.
(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 by the city.
"Solar energy system"
means either of the following:
(1)
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.
(2)
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.
"Specific, adverse impact"
means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health
or safety standards, policies, or conditions as they existed on the
date the application was deemed complete.
(Ord. No. 1149, § 2, 8-24-15)
The purpose of the article is to adopt an expedited, streamlined
solar permitting process that complies with the Solar Rights Act and
AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective
installations of small residential rooftop solar energy systems. This
article encourages the use of solar systems by removing unreasonable
barriers, minimizing costs to property owners and the city and expanding
the ability of property owners to install solar energy systems. This
article allows the city to achieve these goals while protecting the
public health and safety.
(Ord. No. 1149, § 2, 8-24-15)
(a) This
article 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
prior to the effective date of the ordinance codified in this article
are not subject to the requirements of this article, 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.
(Ord. No. 1149, § 2, 8-24-15)
(a) All solar
energy systems shall meet applicable health and safety standards and
requirements imposed by the state, the city, and the Orange County
Fire Authority (OCFA).
(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.
(Ord. No. 1149, § 2, 8-24-15)
(a) All documents
required for the submission of an expedited solar energy system application
shall be made available on the publicly accessible city website.
(b) Electronic
submittals of the required permit application and documents by electronic
means shall be made available to all small residential rooftop solar
energy system permit applicants.
(c) An applicant's
electronic signature shall be accepted on all forms, applications,
and other documents in lieu of a wet signature.
(d) The building
official shall adopt a checklist of all requirements with which small
residential rooftop solar energy systems shall comply to be eligible
for expedited review.
(e) The small
residential rooftop solar energy system permit process and city checklist
shall 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.
(f) All fees
prescribed for the permitting of small residential rooftop solar energy
systems must comply with
Government Code Section 65850.55, Government
Code Section 66015,
Government Code Section 66016, and State Health
and Safety Code Section 17951.
(Ord. No. 1149, § 2, 8-24-15)
(a) The building
official shall adopt an administrative, nondiscretionary review process
to expedite approval of small residential rooftop solar energy systems
within 30 days of the adoption of the ordinance codified in this article.
The building official shall issue a building permit or other nondiscretionary
permit the same day for applications that meet the requirements of
the approved checklist or within three business days for electronic
applications after receipt of a complete application.
(b) 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.
(c) The building
official may deny an application for the permit if the official 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 shall
include the basis for the rejection of the potential feasible alternative
for preventing the adverse impact. Such decisions may be appealed
to the city council.
(d) Any condition
imposed on an application shall be designed to mitigate the specific,
adverse impact upon health and safety at the lowest possible cost.
(e) A feasible
method to satisfactorily mitigate or avoid the specific, adverse impact
includes, but is not limited to, any cost-effective method, condition,
or mitigation imposed by the city on another similarly situated application
in a prior successful application for a permit. The city shall use
its best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of paragraph
(1) of subdivision (d) of Section 714 of the
Civil Code defining restrictions
that do not significantly increase the cost of the system or decrease
its efficiency or specified performance.
(f) Whenever
approval is required for the installation or use of a solar energy
system, the application for approval shall be processed and approved
by the appropriate approving entity in the same manner as an application
for approval of an architectural modification to the property, and
shall not be willfully avoided or delayed. For an approving entity
that is an association, as defined in Section 4080 or 6528 of the
California
Civil Code, and that is not a public entity, both of the
following shall apply:
(1) The
approval or denial of an application shall be in writing.
(2) If
an application is not denied in writing within 45 days from the date
of receipt of the application, the application shall be deemed approved,
unless that delay is the result of a reasonable request for additional
information.
(g) 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.
(h) For a
small residential rooftop solar energy system eligible for expedited
review, only one inspection shall be required, which shall be done
in a timely manner and should include consolidated inspections. If
inspection fails, a subsequent inspection is authorized, however the
subsequent inspection need not conform to the requirements of this
article.
(Ord. No. 1149, § 2, 8-24-15)