The intent and purpose of this chapter is to adopt an expedited,
streamlined solar permitting process that complies with AB 2188 (Chapter
521, Statutes 2014, California
Government Code Section 65850.5) to
achieve timely and cost-effective installations of small residential
rooftop solar energy systems. This chapter is designed to encourage
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 small residential rooftop solar energy
systems. This chapter allows the City to achieve these goals while
protecting the public health and safety.
(Ord. No. 1027, § 1, 2015)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
"Building Department"
means the Building and Safety Division of the Development
Services Department for the City of San Juan Capistrano.
"City"
means the City of San Juan Capistrano.
"Small residential rooftop solar energy system"
means all of the following:
(1)
A solar energy system that is not 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 of San Juan Capistrano and all State of California
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 of San Juan Capistrano.
"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, space cooling or
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. 1027, § 1, 2015)
This chapter applies to the permitting of all small residential
rooftop solar energy systems in the City. Small residential rooftop
solar energy systems legally established or permitted prior to the
effective date of the ordinance codified in this chapter are not subject
to the requirements of this chapter 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 with no structural alterations shall not require a permit.
(Ord. No. 1027, § 1, 2015)
(a) All
solar energy systems shall meet applicable health and safety standards
and requirements imposed by the City and the State of California.
(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. 1027, § 1, 2015)
(a) All
documents required for the submission of a small residential rooftop
solar energy system application shall be made available on the City
website.
(b) Electronic
submittal of the required application and documents via email, the
City’s website, or facsimile 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 Department shall develop and implement a standard plan and
checklist of all requirements with which small residential rooftop
solar energy systems shall comply with to be eligible for expedited
review. The standard plan and checklist shall substantially conform
to 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.
(Ord. No. 1027, § 1, 2015)
Prior to submitting an application, the applicant shall:
(a) At
the applicant’s cost, verify to the applicant’s reasonable
satisfaction, through the use of standard engineering evaluation techniques,
that the support structure for the small residential rooftop solar
energy system is stable and adequate to transfer all wind, seismic,
and dead and live loads associated with the system to the building
foundation; and
(b) At
the applicant’s cost, verify to the applicant’s reasonable
satisfaction, using standard electrical inspection techniques that
the existing electrical system including existing line, load, ground
and bonding wiring as well as main panel and subpanel sizes are adequately
sized, based on the existing electrical system’s current use,
to carry all new photovoltaic electrical loads.
(Ord. No. 1027, § 1, 2015)
(a) The
Building Department shall implement the following administrative,
nondiscretionary review process to expedite the approval of small
residential rooftop solar energy system applications.
(b) An
application that the Building Department determines satisfies the
information requirements of the City’s checklist and standard
plan for expedited small residential rooftop solar energy systems
processing, including all supporting documents, shall be deemed complete.
(c) If
an application for a small residential rooftop solar energy system
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 permitting shall be sent to
the applicant for resubmission.
(d) After
the Building Department deems an application complete, the Building
Official shall review the application to determine whether the application
meets local, State and Federal health and safety requirements.
(e) Unless
the Building Official determines a use permit is warranted, the Building
Official shall issue a building permit or other non-discretionary
permit or authorization within three business days of the date on
which the application is deemed complete, or within a reasonable period
of time.
(f) The Building Official may require an applicant to apply for a residential rooftop solar energy system use permit if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City Planning Commission in accordance with Section
9-2.311 of this Code.
(g) The Building Official may not deny an application for the residential rooftop solar energy system use permit unless the Building Official makes written findings based upon substantial 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 the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission in accordance with Section
9-2.311 of this Code.
(h) Any
condition imposed on an application shall be designed to mitigate
the specific, adverse impact upon health and safety at the lowest
possible cost. The City shall use its best efforts to ensure that
the selected method, condition, or mitigation does not significantly
increase the cost of the system or decrease its efficiency or specified
performance in excess of the following:
(1) For water heater systems or solar swimming pool heating systems:
an amount exceeding 10% of the cost of the system, but in no case
more than $1,000, or decreasing the efficiency of the solar energy
system by an amount exceeding 10%, as originally specified and proposed.
(2) For photovoltaic systems: an amount not to exceed $1,000 over the
system cost as originally specified and proposed, or a decrease in
system efficiency of an amount exceeding 10% as originally specified
and proposed.
(i) Approval
of an application shall not be conditioned upon the approval of an
association, as defined in Section 4080 of the
Civil Code.
(j) Only
one inspection shall be required and performed by the Building Department
for small residential rooftop solar energy systems eligible for expedited
review.
(1) The inspection shall be done in a timely manner and should include
consolidated inspections. The City will endeavor to schedule the inspection
within two business days of a request.
(2) If a small residential rooftop solar energy system fails inspection,
a subsequent inspection is authorized but need not conform to the
requirements of this chapter.
(Ord. No. 1027, § 1, 2015)