Big Bear Lake Municipal Code Ch. 15.43 Expedited Streamline Permit Process for Small Residential Rooftop Solar…

The purpose and intent of the chapter is to provide an expedited streamlined rooftop solar permitting process that complies with the Solar Rights Act and Assembly Bill 2188, (Chapter 521, Statutes 2014, California Government Code Section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of rooftop solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install rooftop solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 2015-443, § 1, 10-26-2015)

As used in this chapter:

A. "Checklist" a checklist of rooftop solar energy system requirements which are based on the adopted city codes provided to the applicant for guidance in preparation of plans for a rooftop solar energy system package.

B. "Electronic submittal" means the utilization of electronic e-mail, internet or facsimile.

C. "Reasonable restrictions" on a rooftop 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.

D. "Small residential rooftop solar energy system" means all of the following:

1. A rooftop solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating of thirty (30) kilowatts thermal.

2. A rooftop solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city, and all state and city health and safety standards.

3. A rooftop solar energy system that is installed on a single-family or two-family dwelling unit.

4. A rooftop solar panel or modular array that does not exceed the maximum legal building height as defined by the city.

E. "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.

F. "Standard plans" plans provided by the California Solar Permitting Guidebook which are provided to the applicant to assist with expedited rooftop solar energy system plan submittals.

G. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specific performance" means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or decrease in efficiency of an amount exceeding ten percent (10%) as originally specified and proposed.

(Ord. No. 2015-443, § 1, 10-26-2015)

A. This chapter applies to the permitting of all small residential rooftop solar systems in the city.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in 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 solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

C. A use permit and/or architectural review may be required for properties on the city's list of historic resources as deemed necessary by the community development director.

(Ord. No. 2015-443, § 1, 10-26-2015)

A. Rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.

B. Rooftop 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 Electronic Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of public utilities commission regarding safety and reliability.

C. 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 utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider. The applicant is responsible for coordination of any connection to the provider's electrical grid.

(Ord. No. 2015-443, § 1, 10-26-2015)

A. All documents required for the submission of an expedited rooftop solar system application shall be made available on the city website.

B. The city's building division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

C. The small residential rooftop solar energy system permit process, permit fees, standard plans, and checklists 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.

(Ord. No. 2015-443, § 1, 10-26-2015)

A. The building official shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The building and safety division shall issue a building permit, the issuance of which is nondiscretionary, on the same day if possible for over the counter applications or within three days for electronic applications upon receipt of completed application that meets the requirements of the approval checklist and standard plans. The building official may require an applicant to apply for an administrative use permit if the building official finds, based on substantial evidence, that the rooftop solar energy system could have a specific, adverse impact upon the public health and safety.

B. Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.

C. If an administrative use permit is required, the city may deny such application if it 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 decisions may be appealed to the city planning commission.

D. Any condition imposed on an applicant shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

E. If an application is deemed incomplete, a written corrections 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.

F. Only one inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review.

G. Rooftop solar energy system inspection shall be performed in a timely manner after twenty-four (24) hours' notice and should include consolidated inspections. The time frame for inspections called into the city during business hours will be made on next business day. If the next business day is not available due to a large amount of calls or staffing, inspection will be performed the next day or within five business days. The inspector shall make every attempt to notify the applicant of the time the inspection will be performed within a two-hour window by a phone call or email communication.

H. If a small residential rooftop solar energy system fails inspection or is not ready for inspection, a subsequent inspection is authorized. A re-inspection fee may be assessed to an applicant if the solar project was not ready for the scheduled inspection.

(Ord. No. 2015-443, § 1, 10-26-2015)