Apple Valley Municipal Code Ch. 8.38 Permitting Small Residential Rooftop Solar Systems

Footnotes:

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Editor's note— Ord. No. 470, adopted July 28, 2015, shall take effect September 30, 2015, as required by Assembly Bill 2188.

The 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 Town and State's ability to reach its clean energy goals, and generate additional employment in the Town and State. The Chapter allows the Town to achieve these goals while protecting public health and safety.

(Ord. No. 470, § 1, 7-28-2015)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

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 Town on another similarly situated application in a prior successful application for a permit. The Town shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code § 714, subdivision (d), paragraph (1), subparagraphs (A) and (B).

Small residential rooftop solar energy system means a solar energy system, which meets all of the following:

i. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

ii. A solar energy system that: (1) conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the Town; (2) all State health and safety standards; and (3) 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.

iii. A solar energy system that is installed on a single or duplex family dwelling.

iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the Town.

Solar energy system means a solar energy system as defined in California Code of Regulations, Title 24.

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. No. 470, § 1, 7-28-2015)

(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 Town Municipal Code as well as 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. 470, § 1, 7-28-2015)

(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. The Building Official may require an applicant to apply for a use permit pursuant to the Town 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) Staff shall issue a building permit or other nondiscretionary permit within a reasonable time following receipt of a complete application that meets the requirements of the approved checklist, standard plan and this Chapter.

(c) Staff's approval of an application shall not be based or conditioned on the approval of an association, as defined in Civil Code § 4080.

(Ord. No. 470, § 1, 7-28-2015)

(a) The Building Official shall make the checklist, permit application and sample documentation required for a small residential rooftop solar energy system available on a publicly accessible website.

(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 Town website. Electronic signatures shall be accepted by the Town on all electronic submittals in lieu of a wet signature, in conformance with Government Code § 16.5 and 2 California Code of Regulations § 22000 et seq.

(Ord. No. 470, § 1, 7-28-2015)

(a) One inspection shall be required and performed by staff for small residential rooftop solar energy systems eligible for expedited review.

(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. 470, § 1, 7-28-2015)