Chapter 12.22
STREAMLINE PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
Sections:
12.22.040 Solar energy system requirements.
12.22.050 Submittal requirements.
12.22.060 Plan review, permit and inspection requirements.
12.22.010 Purpose.
The purpose of this chapter 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 chapter encourages the use of solar systems and minimizes costs to property owners and the city of Menlo Park, and expands the ability of property owners to install solar energy systems. This chapter allows the city of Menlo Park to achieve these goals while protecting the public health and safety. (Ord. 1022 § 10 (part), 2016).
12.22.020 Definitions.
(a) "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.
(b) "Small residential rooftop solar energy system" means all of the following:
(1) A solar energy system that is no larger than ten (10) 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 Menlo Park, and all state and city of Menlo Park health and safety standards including paragraph (3) of subdivision (c) of Section 714 of the Civil Code.
(3) A solar energy system that is installed on a single-family 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 Menlo Park.
(c) "Electronic submittal" means the utilization of one (1) or more of the following:
(1) Email;
(2) The Internet, when an online permitting system is available;
(3) Facsimile.
(d) "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(e) "Common interest development" means any of the following:
(1) A community apartment project; or
(2) A condominium project; or
(3) A planned development; or
(4) A stock cooperative.
(f) "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.
(g) "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.
(h) "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 (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed.
(2) For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed. (Ord. 1022 § 10 (part), 2016).
12.22.030 Applicability.
This chapter applies to the permitting of all small residential rooftop solar energy systems in the city of Menlo Park. 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 shall not require a permit. (Ord. 1022 § 10 (part), 2016).
12.22.040 Solar energy system requirements.
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city of Menlo Park and the city of Menlo Park fire department.
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 Code and California 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. 1022 § 10 (part), 2016).
12.22.050 Submittal requirements.
All documents required for the submission of an expedited solar energy system application shall be made available on the city of Menlo Park website.
Electronic submittal of the required permit application and associated documents for small residential rooftop solar energy system permits shall be made by email or the Internet. As an alternative, an applicant may submit a permit application and associated documents at the building division front counter during regular business hours.
An applicant’s valid electronic signature on all forms, applications and other documents in lieu of a wet signature will be deemed acceptable.
The small residential rooftop solar system permit process, standard plans and the 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 and as amended from time to time.
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. 1022 § 10 (part), 2016).
12.22.060 Plan review, permit and inspection requirements.
The building division shall prepare and implement an administrative, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the effective date of the ordinance codified in this chapter.
The building division shall process, review and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property.
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.
If an application for the installation of a solar system is not denied in writing within forty-five (45) days of receipt of a complete application, the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
The city of Menlo Park planning division may require an applicant to apply for a use permit if the planning division finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety.
Review of the permit application shall be limited to the building division’s review of whether the application meets local, state and federal health and safety requirements. If a use permit is required, the building official may deny an application for the use permit if the building 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. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
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 of Menlo Park on another similarly situated application in a prior successful application for a permit. The city of Menlo Park 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.
The city of Menlo Park shall not provide conditional approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code.
Only one (1) inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code and/or California Electrical Code requirements, then an additional follow-up inspection, or inspections, shall be required. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
A separate permit and fire inspection may be required and performed by the Menlo Park Fire Protection District. (Ord. 1022 § 10 (part), 2016).