The purpose of this chapter is to provide an expedited, streamlined
solar permitting process that complies with the Solar Rights Act and
AB 2188 (Chapter 521, Statute 2014, California
Government Code Section
65850.5) in order to achieve timely and cost-effective installations
of small residential rooftop solar energy systems. This chapter encourages
the use of solar systems by removing unreasonable barriers, minimizing
costs to property owners and the city and facilitating property owners
to install solar energy systems. This chapter allows the city to achieve
those goals while protecting the public health and safety.
(Ord. 432 § 1, 2015)
The following definitions shall apply to this chapter:
"Small residential rooftop solar energy system"
means all of the following:
1.
A solar energy system that is no larger than ten 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 redesignated 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 by the city of Lemon Grove.
"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 redesignated from time
to time.
"Eligibility checklist"
means the submittal checklist required by the city of Lemon
Grove to be submitted with the small residential rooftop solar energy
system demonstrating compliance.
"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.
"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.
"Restrictions that do not significantly increase the cost of
the system or decrease its efficiency or specified performance"
means:
1.
For water heater systems or solar swimming pool heating systems:
an amount exceeding ten percent of the cost of the system, but in
no case more than one thousand dollars, or decreasing the efficiency
of the solar energy system by an amount exceeding ten percent, as
originally specified and proposed.
2.
For photovoltaic systems: an amount not to exceed one thousand
dollars over the system cost as originally specified and proposed,
or a decrease in system efficiency of an amount exceeding ten percent
as originally specified and proposed.
(Ord. 432 § 1, 2015)