Chapter 15.63
PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS
Sections:
15.63.040 Solar energy system requirements.
15.63.041 Electrical vehicle charging station requirements.
15.63.050 Application and documents.
15.63.060 Permit review and inspection requirements.
15.63.010 Purpose.
The purpose of this chapter is to adopt an expedited, streamlined permitting process for small residential rooftop solar energy systems and electrical vehicle charging stations that complies with the Solar Rights Act and Assembly Bill 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) and the Electric Vehicle Charging Stations Open Access Act and Assembly Bill 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) to achieve timely and cost-effective installations of these systems. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)
15.63.020 Definitions.
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. “Electrical vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
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 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 a private, noncommercial energy producing system designed to reduce on-site consumption of utility power consisting of photovoltaic panels that are roof-mounted or ground-mounted on a support structure for the purpose of collection, storage and distribution of solar energy for space heating or cooling, water heating or electricity generation.
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. (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)
15.63.030 Applicability.
A. This chapter applies to the permitting of all small residential rooftop solar energy systems and electrical vehicle charging stations for residential and light commercial use in the city.
B. Small residential rooftop solar energy systems and electrical vehicle charging stations 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 the system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)
15.63.040 Solar energy system requirements.
A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.
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 all parts of Title 24, California Code of Regulations, including the California Electrical Code, as well as 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.
D. If an applicant wishes to deviate from any requirements contained in Title 24, California Code of Regulations, such request shall be approved by both the building official and the fire official for Contra Costa County fire protection district. (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)
15.63.041 Electrical vehicle charging station requirements.
A. The electrical vehicle charging stations must meet the guidelines for level 1, 2 or 3 charging systems, as set forth in the “Electrical Vehicle Supply Equipment Guidance Document” or as amended in the future.
B. All electrical vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.
C. Electrical vehicle charging stations shall meet all applicable safety and performance standards established by all parts of Title 24, California Code of Regulations, including the California Electrical Code, as well as 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.
D. If an applicant wishes to deviate from any requirements contained in Title 24, California Code of Regulations, such request must be accompanied by an accredited testing laboratories approval and shall be approved by the building official. (Ord. 2018-001 § 2 (part), 2018)
15.63.050 Application and documents.
A. The city shall make available on its website the application documents for the submission of an expedited small residential rooftop solar energy system or an electrical vehicle charging station application.
B. Electronic submittal of the required permit application and documents by facsimile shall be made available to all small residential rooftop solar energy system or electrical vehicle charging station permit applicants. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
C. The city’s building division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems or electrical vehicle charging stations shall comply to be eligible for expedited review. The small residential rooftop solar energy system or electrical vehicle charging station 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 or the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California.” (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)
15.63.060 Permit review and inspection requirements.
A. The building official shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems and electrical vehicle charging stations.
1. Where the application is complete, the building division shall complete the building permit approval or denial process on the same day for over-the-counter applications or between one and three days where such over-the-counter approval is not authorized or feasible.
2. Where the application meets the requirements of the approved checklist and standard plan for the intended system, the issuance of the building permit is nondiscretionary.
B. Review of the application for small residential rooftop solar energy systems or electrical vehicle charging stations shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.
C. The building official may require an applicant to apply for a conditional use permit pursuant to Title 17 if the building official finds, based on substantial evidence, that the system could have a specific, adverse impact, as that term is defined above, upon the public health and safety. Such decisions may be appealed to the planning commission.
D. If a use permit is required, the planning commission may only deny an application for the conditional use permit if the commission 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 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 to the city council.
E. If a conditional use permit is issued, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
1. 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.
2. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Sections 714(d)(1)(A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
3. For a solar energy system, 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:
a. 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.
b. 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.
F. 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.
G. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems or electrical vehicle charging stations eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. If a small residential rooftop solar energy system or electrical vehicle charging station fails inspection, a subsequent inspection is authorized.
H. A city, county, or city and county shall not condition approval of an application on the approval of an association, as defined above. (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)
15.63.070 Fees.
The city council may establish by resolution the fees that shall be charged for permits issued under this chapter. (Ord. 2018-001 § 2 (part), 2018: Ord. 2015-005 § 1 (part), 2015)