Adelanto Municipal Code Ch. 14.38 Permitting Procedures for Small Residential Solar Energy Systems

The purpose and intent of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by Assembly Bill 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter will increase the deployment of residential solar distributed generation, provide solar customers greater installation ease, improve the City and state's ability to reach its clean energy goals, and generate much needed jobs in the City and state. The Chapter allows the City to achieve these goals while protecting public health and safety.

(Ord. No. 538, Section 1, 8/26/15)

The following definitions shall be applicable to the provisions in this Chapter.

A. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" means a method that 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 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.

B. "Reasonable restrictions" means 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.

C. "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 hearing systems: An amount exceeding ten (10) percent 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 (10) percent, 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 (10) percent as originally specified and proposed.

D. "Solar energy system" means a solar energy system as defined in California Code of Regulations, Title 24, including but not limited to:

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 hearing, 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.

E. "Small residential rooftop solar energy system"" means a solar energy system which meets 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; all state, local health and safety standards; and 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.

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 Adelanto Development Code.

5. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, all state and City health and safety standards, and paragraph (3) of subdivision (c) of section 714 of the California Civil Code.

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. "Electronic submittal" means the utilization of one (1) or more of the following:

• 1. Email;
• 2. Internet;
• 3. Facsimile.

(Ord. No. 538, Section 1, 8/26/15)

A. All small residential rooftop solar energy systems shall comply with the applicable standards and requirements for solar energy systems as set forth in the California Code of Regulations, Title 24.

B. The small residential rooftop solar system permit process, standard plan(s), and checklist(s), shall substantially conform to the recommendations for expedited permitting, including the checklists 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.

(Ord. No. 538, Section 1, 8/26/15)

A. Upon confirmation that the application is complete, staff shall review the application to ensure that the small residential rooftop solar energy system meets local, state, and federal health and safety requirements. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. The Building Official may require an applicant to apply for a use permit pursuant to the City of Adelanto Development Code, if the Building Official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety.

B. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations within a reasonable time following receipt of a complete application that meets the requirements of the approved checklist, standard plans and this Chapter. Such approval shall not include any necessary approval or permission by a local utility provider to connect the small residential rooftop energy system to the provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

C. Staff's approval of an application shall not be based or conditioned on the approval of an association, as defined in California Civil Code section 4080.

D. All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the publically accessible City website.

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based upon the existing electrical system's current use, to carry all new photovoltaic electrical loads.

(Ord. No. 538, Section 1, 8/26/15)

A. The Building Official shall make the checklist and all permitting documentation required for a small residential rooftop solar energy system available on a publicly accessible website. The Building Official is authorized to modify the checklist consistent with state law, local regulations, and with changes in industry standards and technology.

B. Pending software installation, adaptation and security testing, an applicant may submit the application and related documentation for a small residential rooftop solar energy system by electronic submittal, as specified on the City website. Electronic signatures shall be accepted by the City on all electronic submittals in lieu of a wet signature, in conformance with California Government Code section 16.5 and California Code of Regulations sections 22000 et seq.

(Ord. No. 538, Section 1, 8/26/15)

A. One (1) inspection shall be required and performed by staff for small residential rooftop solar energy systems eligible for expedited review, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire marshal. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this Section.

B. The inspection shall be done in a timely manner.

C. 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. No. 538, Section 1, 8/26/15)

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code sections 65950.55, 66015, and 66016, and Health and Safety Code Section 17951.

(Ord. No. 538, Section 1, 8/26/15)