Camarillo Municipal Code Ch. 16.54 Solar Energy Systems

The purpose of this chapter is to provide an expedited, streamlined solar permitting process that complies with the California Solar Rights Act and AB 2188 (which amended Civil Code section 714 and Government Code section 65850.5 of the Act) ) to achieve timely and cost-effective installations of small residential rooftop solar energy systems.

(Ord. No. 1113, § 3(Exh. A), 9-9-2015)

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

"Common interest development" means any of the following:

1. a community apartment project;

2. a condominium project;

3. a planned development; or

4. a stock cooperative.

"Electronic submittal" means the utilization of one or more of the following: email; the internet; or facsimile.

"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:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.

"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 all state and 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.

"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.

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. No. 1113, § 3(Exh. A), 9-9-2015)

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

B. Small residential rooftop solar energy systems legally established 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 a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements will not require a permit.

(Ord. No. 1113, § 3(Exh. A), 9-9-2015)

A. All solar energy systems must meet applicable health and safety standards and requirements imposed by the state, the city and the local fire department.

B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications must be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. Solar energy systems for producing electricity must meet 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.

(Ord. No. 1113, § 3(Exh. A), 9-9-2015)

A. The building and safety department will adopt and maintain standard plans and a checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review.

B. The city's standard plans and checklist will substantially conform to state 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.

C. All documents required for the submission of an expedited solar energy system application will be made available on the publicly accessible city Website.

D. Applicants for small residential rooftop solar energy system permits may make electronic submittals of the required permit application and documents by email and the Internet.

E. An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.

F. All fees prescribed for the permitting of small residential rooftop solar energy system must comply, as applicable, with Government Code section 65850.55, Government Code section 66015, Government Code section 66016, and Health and Safety Code section 17951.

(Ord. No. 1113, § 3(Exh. A), 9-9-2015)

A. The building and safety department will adopt and maintain an administrative review process to expedite approval of small residential rooftop solar energy systems.

B. The building and safety department will issue a building permit or other ministerial permit the same day for over-the-counter applications or within 1—3 business days for electronic applications upon receipt of a complete application that meets the requirements of the approved city checklist and standard plan.

C. 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 will be sent to the applicant for resubmission.

D. Review of the application will be limited to the building and safety department's review of whether the application meets local, state, and federal health and safety requirements.

E. Any condition imposed on an application must be a feasible method to mitigate or avoid the specific, adverse impact. "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 will use its best efforts to ensure that the selected method, condition, or mitigation meets does not significantly increase the cost of the system or decrease its efficiency or specified performance as defined in this chapter and in Civil Code section 714.

F. The city may not condition approval of an application on the approval of an association.

G. Only one inspection may be required and performed by the building and safety department for small residential rooftop solar energy systems eligible for expedited review.

H. The inspection will be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one business day of a request.

I. If a small residential rooftop solar energy system fails the initial inspection, any subsequent inspection need not conform to the requirements of this chapter.

J. The city, may not deny an application for a 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 must include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

K. Any decision of the building official pursuant to subsections (E) and (J) may be appealed to the planning commission. Appeals from any decision of the building official must be made in writing and filed with the department of building and safety within ten days from the date of the issuance of the building official's decision. The appeal must be made on the approved form available from the city and must include the date of appeal, the grounds for the appeal, and the appeal processing fee established by the city council. The appeal will be final with the planning commission.

(Ord. No. 1113, § 3(Exh. A), 9-9-2015)