Chapter 15.38
SOLAR ENERGY SYSTEMS, EXPEDITED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
Sections:
15.38.040 Solar energy system requirements.
15.38.050 Duties of the city building department and building official.
15.38.060 Permit review and inspection requirements.
15.38.010 Purpose.
The purpose of this chapter is to promote timely and cost-effective installations of small residential rooftop solar energy systems by establishing an expedited, streamlined solar permitting process, in accordance with the provisions of Section 65850.5 of the Government Code and applicable requirements of the Solar Rights Act of 1978 (as amended). By enacting this chapter, the city intends to encourage use of solar energy 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, while protecting the public health and safety. (Ord. 700-2015 § 2 (part), 2015)
15.38.020 Applicability.
Except as otherwise provided in this section, this chapter shall apply 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 this chapter are not subject to the requirements herein, 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 shall not require a permit. (Ord. 700-2015 § 2 (part), 2015)
15.38.030 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
“Common interest development” means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
“Electronic submittal” means the utilization of one or more of the following:
1. Email;
2. Internet; or
3. Facsimile.
“Feasible method to satisfactorily mitigate or avoid adverse impact” means any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit; or such other reasonable method or condition as may be determined cost-effective for mitigating or avoiding specific adverse impact(s).
“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.
For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, “significantly” means 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.
For photovoltaic systems that comply with state and federal law, “significantly” means 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.
“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 of Cloverdale and all state and city of Cloverdale 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 Cloverdale.
“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. 700-2015 § 2 (part), 2015)
15.38.040 Solar energy system requirements.
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city, and local fire district.
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.
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. 700-2015 § 2 (part), 2015)
15.38.050 Duties of the city building department and building official.
The city building department (“department”) shall ensure that all documents required for the submission of an expedited solar energy system permit application are made available on the publicly accessible city website.
Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
The department shall adopt and update as necessary a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) 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.
All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55, 66015, and 66016 and State Health and Safety Code Section 17951. (Ord. 700-2015 § 2 (part), 2015)
15.38.060 Permit review and inspection requirements.
The department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty days of the adoption of this chapter. The department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications, or for electronic applications, within one to three business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan. Review of the application shall be limited to the building official’s verification that the application meets local, state, and federal health and safety requirements.
The building official (official) may require an applicant to apply for a conditional use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Applicants may appeal such decisions in accordance with Section 2.36.030.
If a conditional use permit is required, the department may deny an application for the conditional use 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 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 in accordance with Section 2.36.030.
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 department 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 significantly decrease its efficiency or specified performance.
The department shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
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.
Only one inspection shall be required and performed by the department for small residential rooftop solar energy systems eligible for expedited review. If the department and the Cloverdale Fire Protection District (Fire District) have entered into an agreement allowing the department to perform fire safety inspections of eligible rooftop solar energy systems on behalf of the Fire District, a separate fire inspection of the system is not required.
The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one business day of a request and provide a two-hour inspection window.
If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. (Ord. 700-2015 § 2 (part), 2015)