Chapter 15.04 — SOLAR ENERGY

Sections:

15.04.010 Title.

15.04.020 Definitions.

15.04.030 Administration.

15.04.040 Development Review and Permits.

15.04.050 Rules Governing Issuance of Permits.

15.04.060 Streamlined Permitting Process for Small Residential Rooftop Solar Energy Systems.

15.04.070 Appeals—Building Official Decisions.

15.04.080 Entry Upon Premises—When Authorized.

This chapter is known as the “Solar Energy Ordinance,” may be cited as such, and will be referred to herein as “this Chapter.” (Ord. 6337, §1 (part); August 18, 2015.)

The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter.

“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 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 California Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

“Building Official” means the Building Official of the City of Anaheim or the person designated by the Building Official as the person responsible for administering the provisions of this Chapter.

“Electronic submittal” means the utilization of one or more of the following: (1) e-mail, (2) the internet, or (3) facsimile.

“Small residential rooftop solar energy system” means all of the following:

(1) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 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 and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

(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 authority having jurisdiction.

“Solar Energy System” has the same meaning as is set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the California Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time. As presently written, paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the California Civil Code provides that 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; or

(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.

“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. 6337, §1 (part): August 18, 2015.)

.010 The Building Official is authorized to administer the provisions of this Chapter.

.020 The Building Official shall have approval authority for applications to install, alter and replace solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Every application to the Building Official for the installation, alteration and replacement of a solar energy system shall be in writing and shall set forth such information as the Building Official may reasonably require to carry out the purpose of this Chapter. (Ord. 6337, § 1 (part); August 18, 2015.)

.010 Before commencing any work pertaining to the erection, construction, installation, alteration or replacement of a solar energy system, a permit for such work shall be secured from the Building Official by the owner or the owner’s agent. It shall be unlawful to commence such work until and unless a permit has been obtained, or to maintain any installation of a solar energy system which was done without a permit. Any solar energy system erected, constructed, installed, altered, replaced or to which additions are made shall comply with all of the provisions of all health and safety standards and requirements of local, state and federal law.

.020 Solar energy systems used for heating water in single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency, as defined in the Anaheim Mechanical Code and the Anaheim Plumbing Code.

.030 A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the Anaheim 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. 6337, § 1 (part); August 18, 2015.)

.010 The application for approval for the installation or use of a solar energy system shall be processed and approved by the Building Official. Review of an application to install a solar energy system shall be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety.

.020 The Building Official shall make the following findings in order to approve an application to install a solar energy system:

.0201 The solar energy system meets all applicable health and safety standards and requirements of local, state and federal law consistent with Section 65850.5 of the California Government Code; and

.0202 The solar energy system will not have a specific, adverse impact upon the public health and safety.

.030 The Building Official may impose such conditions upon the issuance of a permit that are designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

.040 If the Building Official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the Building Official shall make written findings in support of his or her findings, including (a) the reasons why there is no feasible method to satisfactorily mitigate or avoid the specific, adverse

impact, and (b) the basis for the rejection of potential feasible alternatives of preventing the adverse impact, and may deny an application. In that case, the decision of the Building Official shall become final, unless appealed to the Planning Commission pursuant to the provisions of Section 15.04.070 of this Chapter. Alternatively, when it is determined that the general public interest warrants such referral, the Building Official may, instead of denying the application, require the applicant to apply for a conditional use permit pursuant to the procedures set forth in Chapter 18.60 (Procedures) of this Code.

.050 In the event that an applicant is required to apply for a conditional use permit, before the Planning Commission may approve a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that both of the following conditions exist:

.0501 The solar energy system meets all applicable health and safety standards and requirements of local, state and federal law consistent with Section 65850.5 of the California Government Code; and

.0502 The solar energy system will not have a specific, adverse impact upon the public health and safety.

These conditions are in lieu of the conditions listed in Section18.66.060 (Findings) of Title 18 of this Code, which must be shown by evidence to support a finding of fact by the Planning Commission, or the City Council on appeal, for conditional use permits under Title 18 of this Code.

The Planning Commission may not deny an application for a conditional use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The Planning Commission may impose such conditions upon the issuance of a conditional use permit that are designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. (Ord. 6337, § 1 (part); August 18, 2015.)

ENERGY SYSTEMS.

.010 The Building Official is authorized and directed, in consultation with the Fire Chief and the General Manager of Public Utilities, to develop and adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The checklist shall be in substantial conformance with 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. The checklist and required permitting documentation shall be published on the city’s internet website.

.020 An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon confirmation by the Building Official of the application and supporting documents being complete and meeting the requirements of the checklist, and consistent with this Chapter, the Building Official shall approve the application and issue all required permits or authorizations. 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.

.030 The applicant may submit the permit application and associated documentation to the Planning and Building Department of the City by personal, mailed or, to the extent the City is technologically capable, electronic submittal, and shall pay any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. In connection with each permit application, an applicant shall:

.0301 Verify to the Building Official’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

.0302 At the applicant’s cost, verify to the Building Official’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 on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

.040 For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. 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 subsection.

.050 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. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. (Ord. 6337, § 1 (part); August 18, 2015.)

Appeals provide an opportunity for reconsideration of the decision of the Building Official in a public hearing. Decisions of the Building Official under this Chapter may be appealed to the Planning Commission.

.010 Initiation of Appeal. An appeal may be filed by the applicant for a permit for a solar energy system who is dissatisfied with a decision of the Building Official.

.020 Application. An application for appeal shall be made in writing and shall be filed with the Planning and Building Department during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal. All appeals under this section shall be filed with the Planning and Building Department.

.030 Timeframes. An appeal must be filed within ten (10) days subsequent to the decision of the Building Official.

.040 Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) of Title 18 of this Code.

.050 Notification and Hearing. Appeals shall be subject to the notification and hearing requirements specified in Section 18.60.100 (Notice of Public Hearing) of Title 18 of this Code.

.060 Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the appeal, provided the withdrawal is submitted in writing to the Planning Commission prior to or at the public hearing. If a valid withdrawal is submitted, the decision of the Building Official shall stand as the final decision at the end of the original appeal period.

.070 Scope of Review. At the time set for hearing, the Planning Commission shall consider the application under consideration, including the conclusions and findings of the Building Official. The Planning Commission may approve the application under consideration if it finds that (a) the solar energy system meets all applicable health and safety standards and requirements of local, state and federal law consistent with Section 65850.5 of the California Government Code; and (b) the solar energy system will not have a specific, adverse impact upon the public health and safety. The Planning Commission may not deny an appeal of the Building Official’s decision unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The decision of the Planning Commission on such appeal shall be final and conclusive and may not be appealed. Within ten (10) days following the conclusion of the public hearing, the Planning Director shall send, by first-class mail, to the appellant, a copy of the decision of the Planning Commission, which shall include the aforementioned written findings. (Ord. 6337, § 1 (part); August 18, 2015.)

.010 The Building Official shall have access to the premises described in the permit for the purpose of inspecting the progress of the work.

.020 In the event of any default in the performance of any term or condition of the permit, the Building Official, or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or to remove or demolish the solar energy system.

.030 No person shall interfere with nor obstruct the ingress or egress to or from any such premises of any authorized representative or agent of the City engaged in the work of completing, demolishing or removing any solar energy system for which a permit has been issued, after a default has occurred in the performance of the terms or conditions thereof. (Ord. 6337, § 1 (part); August 18, 2015.)