Chapter 10-56
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS
Sections:
10-56.040 Solar energy system requirements.
10-56.050 Applications and documents.
10-56.060 Permit review and inspection requirements.
10-56.010 Intent and purpose.
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 and policy objectives while protecting the public health and safety. (Ord. 2015-6 § 1 (part))
10-56.020 Definitions.
As used in this chapter:
“Building Department” means the Building and Safety Division of the Community Development Department for the city of Laguna Hills.
“Building Official” means the Community Development Director for the city of Laguna Hills or the Community Development Director’s designee.
“City” means the city of Laguna Hills.
“Electronic submittal” means the utilization of one or more of the following:
1. Email.
2. The Internet.
3. Facsimile.
“Expedited permitting” and “expedited review” mean the process outlined in Section 10-56.060, Permit review and inspection requirements.
“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 similar permit.
“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 (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 Laguna Hills and Civil Code Section 714(c)(3).
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 Laguna Hills Municipal Code.
“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. 2015-6 § 1 (part))
10-56.030 Applicability.
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 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. 2015-6 § 1 (part))
10-56.040 Solar energy system requirements.
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. 2015-6 § 1 (part))
10-56.050 Applications and documents.
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 to be eligible for expedited review, which shall be published on the city’s website. 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.
E. All fees prescribed for the permitting of small residential rooftop solar energy systems pursuant to this chapter must comply with California Government Code Sections 65850.55 and 66015 and California Health and Safety Code Section 17951.
(Ord. 2015-6 § 1 (part))
10-56.060 Permit review and inspection requirements.
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. Review of an application for a small residential rooftop solar energy system shall be limited to the Building Official’s review of whether the applicant meets local, state and federal health and safety requirements.
C. For an application for a small residential rooftop solar energy system that meets the requirements of the city’s checklist and standard plan, the Building Department shall issue a building permit or other non-discretionary permit or authorization within three business days.
D. 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.
E. The Building Official may require an applicant to apply for a small 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 Agency in accordance with Chapter 9-96 (Hearings and Appeals).
F. The Building Official may not deny an application for the small 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 decisions may be appealed to the city Planning Agency in accordance with Chapter 9-96 (Hearings and Appeals).
G. Any condition imposed on an application via a small rooftop solar energy system use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
H. Approval of an application shall not be conditioned upon the approval of an association, as defined in Section 4080 of the California Civil Code, that manages a common interest development.
I. 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 completed in a timely manner and should include consolidated inspections. An inspection will be scheduled 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 made applicable to the first inspection.
(Ord. 2015-6 § 1 (part))