El Monte Municipal Code Ch. 15.36 Small Residential Rooftop Solar Systems

The purpose of this Chapter 15.36 is to establish an expedited, streamlined solar permitting process that complies with the Solar Rights Act, as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter 15.36 encourages the use of small residential rooftop solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding property owners' ability to install small rooftop solar energy systems. This Chapter 15.36 allows the city to achieve these goals while protecting the community's health and safety.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. This Chapter 15.36 applies to the permitting of all small residential rooftop solar energy systems in the city.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Chapter 15.36 are not subject to the requirements of this Chapter 15.36 unless physical modifications or alterations are undertaken that materially change the size, type, or components of the small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

For purposes of this Chapter 15.36, the following definitions shall apply:

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

B. "Building Department" means the Building and Safety Division of the city of El Monte.

C. "Building Official" means the Building Official for the city of El Monte.

D. "City" means the city of El Monte.

E. "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.

F. "Electronic submittal" means the utilization of one or more of the following:

1. E-mail;

2. The Internet; and/or

3. Facsimile.

G. "Feasible method to satisfactorily mitigate or avoid the 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 utilize its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A)-(B).

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

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (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, county, or city and county and Paragraph (3) of Subdivision (c) of Section 714 of the Civil Code;

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

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

I. "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.

J. "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. 3011, § 3(Exh. A), 6-21-2022)

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

B. Solar energy systems for heating water in single-family residences and 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. Solar energy systems for producing electricity shall meet all applicable safety and performance standards published 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. 3011, § 3(Exh. A), 6-21-2022)

A. 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.

B. Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. Website applications may be allowed at such time in the future that the technology is made available to the city. The city's website shall specify the permitted method of electronic document submission.

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

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

Prior to submitting an application, the applicant shall:

A. Verify to the applicant'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

B. At the applicant's cost, verify to the applicant'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.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. The Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review.

B. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting guidebook adopted by the State Governor's Office of Planning and Research.

C. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55 and 66015 and Health and Safety Code Section 17951.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)

A. An application for a small residential rooftop solar energy system permit that Building Department determines to satisfy the informational requirements contained in the city's checklist as prepared by the Building Department pursuant to Section 15.36.070(A) shall be deemed complete.

B. Upon receipt of an incomplete application, the Building Department shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited issuance of a small residential rooftop solar energy system permit.

C. Upon the Building Department's determination that the application for a small residential rooftop solar energy system permit is complete, the Building Department shall issue a building permit or other nondiscretionary permit within three (3) business days.

D. The Building Department's review of such applications for small residential rooftop solar energy system permits shall be limited to whether the application meets local, state, and federal health and safety requirements.

E. The Building Official shall require an applicant to apply for a use permit, if he or she finds, based on substantial evidence, that 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.

F. If a use permit or other discretionary city approval is required, the Building Official may not deny the application for the use permit unless he or she makes written findings based upon substantive 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 such adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decision by the Building Official may be appealed to the Planning Commission.

G. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The city shall ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A)-(B).

H. The city shall not condition approval of an application for the approval of an association, as defined in Civil Code Section 4080.

I. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review. Such an inspection will be scheduled within two (2) business days of a request for such an inspection.

J. If a small residential rooftop energy system fails the Building Department's inspection, a subsequent inspection is authorized by need not conform to the requirements of this section 15.36.080.

(Ord. No. 3011, § 3(Exh. A), 6-21-2022)