Carlsbad Municipal Code Ch. 18.25 Small Residential Rooftop Solar Energy Systems

The purpose of this chapter is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (2014) amendments to California Government Code Section 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems with reasonable restrictions. The use of solar systems is encouraged by streamlining processes, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems while protecting public health and safety.

(Ord. CS-285 § 2, 2015)

"Electronic submittal"

in this chapter means the utilization of one or more of either email, the Internet, or facsimile.

"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 definition of subsections (D)(1) and (2).

"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 significantly decrease its efficiency or specified performance"

in this chapter means:

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

For a photovoltaic system: an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.

"Small residential rooftop solar energy system"

is a solar energy system that:

Is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; and

Conforms to all applicable building, electrical, plumbing, mechanical, or fire codes as adopted or amended by the city, and all state and city health and safety standards; and

Is installed on a single-or two-family dwelling; and

The solar panel or module array does not exceed the maximum building height as defined by the city.

"Solar energy system"

means either:

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

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"

in this chapter 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. CS-285 § 2, 2015)

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

B. A small residential rooftop solar energy system permitted prior to the effective date of the ordinance codified in this chapter is not subject to these requirements unless physical modifications or alterations are undertaken that materially change the size, type, or components of a system in such a way as to require new permitting. Routine maintenance or in-kind replacement of permitted parts for a small residential rooftop solar energy system shall not require a permit.

(Ord. CS-285 § 2, 2015)

A. A small residential rooftop solar energy system shall meet applicable building, electrical, plumbing, mechanical, or fire codes as adopted or amended by the city, and all state and city health and safety standards.

B. A small residential rooftop solar energy system for heating water in a single-family residence or for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. A small residential rooftop solar energy system shall meet applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. CS-285 § 2, 2015)

A. The building official shall develop and maintain an eligibility checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

B. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the city's website.

C. Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.

D. The small residential rooftop solar energy system permit application and associated documentation may be submitted to the building division in person, by mail, or by electronic submittal. 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.

E. The small residential rooftop solar energy system permit process and eligibility checklist shall substantially conform to recommendations for expedited permitting contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(Ord. CS-285 § 2, 2015)

A. The building official shall implement an expedited, administrative, nondiscretionary review process with reasonable restrictions for small residential rooftop solar energy systems. The building official's review of an application shall be limited to the requirements set forth in Section 18.25.040. 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 shall be sent to the applicant for resubmission.

B. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the eligibility 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 energy provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

C. The building official may require an applicant to apply for a minor conditional use permit in accordance with Carlsbad Municipal Code Chapters 21.42 and 21.54, if a finding is made, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission in accordance with Carlsbad Municipal Code Chapter 21.54. If a minor conditional use permit is required, the building official may deny an application for the minor conditional use permit if a finding is made, based upon substantial 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 the specific, adverse impact. The basis for the rejection of potential feasible alternatives of preventing the specific, adverse impact shall be included in the finding. The decision to deny may also be appealed to the Planning Commission in accordance with Carlsbad Municipal Code Chapter 21.54. For purposes of carrying out the requirements in this section, "building official" shall be used interchangeably with "City Planner" in Carlsbad Municipal Code Chapters 21.42 and 21.54.

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

(Ord. CS-285 § 2, 2015)

Only one inspection shall be required and performed for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. A separate fire inspection may be performed if necessary. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. CS-285 § 2, 2015)