Chapter 9.15
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
9.15.040 Solar energy system requirements.
9.15.050 Submittal requirements.
9.15.060 Permit review and inspection requirements.
Prior legislation: Ords. 737, 746, 762 and 774.
9.15.010 Purpose.
The purpose of this chapter is to adopt an expedited, streamlined solar permitting process in accordance 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. The adopted regulations 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 solar energy systems, while protecting the public’s health and safety. (Ord. 801, § 3 (Exh. A)).
9.15.020 Definitions.
The following definitions are applicable to this chapter:
A. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
B. “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.
C. “Electronic submittal” means the utilization of one or more of the following:
1. Email;
2. The internet;
3. Facsimile.
D. “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 Millbrae and all state and city of Millbrae 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.
E. “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.
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 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. 801, § 3 (Exh. A)).
9.15.030 Applicability.
This chapter applies to the permitting of all small residential rooftop solar energy systems in the city of Millbrae. 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 shall not require a permit. (Ord. 801, § 3 (Exh. A)).
9.15.040 Solar energy system requirements.
A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city of Millbrae and the Central County fire department.
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. 801, § 3 (Exh. A)).
9.15.050 Submittal requirements.
A. All documents required for the submission of an expedited solar energy system application will be made available on the city’s website.
B. Electronic submittal of the required permit application and documents will be made available to all small residential rooftop solar energy system permit applicants.
C. An applicant’s electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.
D. The city will adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) will 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.
E. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Sections 65850.55, 66015, and 66016, and state Health and Safety Code Section 17951. (Ord. 801, § 3 (Exh. A)).
9.15.060 Permit review and inspection requirements.
The city will adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within ninety days of the adoption of this chapter.
A. The city will issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications upon receipt of a complete application and meets the requirements of the approved checklist and standard plan.
B. The building official may require an applicant to apply for a 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. Such decisions may be appealed to the city planning commission.
C. Review of the application will be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
D. If a use permit is required, the building official may deny an application for the 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, as defined, the adverse impact. Such findings will include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city planning commission.
E. 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 on another similarly situated application in a prior successful application for a permit. The city of Millbrae will endeavor to use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Sections 714(d)(1)(A) and (B) of the Civil Code, that define restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
F. The city will not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
G. 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 will be sent to the applicant for resubmission.
H. Only one inspection will be required and performed by the city for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if the city determines that the installation does not conform to the approved plans and/or comply with the current California Code of Regulations Title 24 requirements then an additional, follow-up inspection will be required. The inspection will be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days 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.
A separate fire inspection may be performed by the Central County fire department, if required. (Ord. 801, § 3 (Exh. A)).