Fullerton Municipal Code Ch. 14.18 Small Residential Rooftop Solar Energy System Permits

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

(Ord. 3223, passed - -2015)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

BUILDING DIVISION. The Building Division of the City of Fullerton.

BUILDING OFFICIAL. The Building Official of the City of Fullerton, or designee.

COMMON INTEREST DEVELOPMENT. Any of the following:

(1) A community apartment project;

(2) A condominium project;

(3) A planned development; or

(4) A stock cooperative.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

(1) E-mail;

(2) The Internet; and/or

(3) 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 similar permit.

REASONABLE RESTRICTIONS ON A SOLAR SYSTEM. Restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specific 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.

(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%, 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% as originally specified and proposed.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM. Any of the following:

(1) A solar energy system that is not larger than ten 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 health and safety standards;

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

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

SOLAR ENERGY SYSTEM. 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, space cooling or water heating.

SPECIFIC ADVERSE IMPACT. 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. 3223, passed - -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 or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifi- cations 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 shall not require a permit.

(Ord. 3223, passed - -2015)

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

(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 Cal. Plumbing and Mechanical Code.

(C) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the Cal. 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. 3223, passed - -2015)

(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 publicly accessible website.

(B) Electronic submittal of the required permit application and documents via e-mail, the city’s website or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

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

(D) The Building Division 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.

(E) 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 Governor’s Office of Planning and Research.

(F) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal. Gov’t Code §§ 65850.55 and 66016, and Cal. Health and Safety Code § 17951. All fees prescribed for the permitting of small residential rooftop solar energy systems must also comply with Cal. Gov’t Code § 66015 until that law is repealed on January 1, 2034.

(Ord. 3223, passed - -2015)

(A) The Building Division shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the Building Division shall issue a building permit or other non-discretionary permit within three business days for over-the-counter applications or within five business days for electronically filed applications. A Building Official may require an applicant to apply for an administrative conditional use permit if the official finds, 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.

(B) Review of the application shall be limited to the Building Official’s review of whether the applicant meets local, state and federal health and safety requirements.

(C) If an administrative conditional use permit is required, a Building Official may deny an application for the use permit if the official 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 the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission.

(D) 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 use its best efforts to ensure that the selected method, condition or mitigation meets the conditions of Cal. Civil Code § 714(d)(1)(A)-(B).

(E) The city shall not condition the approval of an application on the approval of an association.

(F) If an application for a small residential rooftop solar energy system 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 permitting shall be sent to the applicant for resubmission.

(G) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review.

(H) The inspection shall 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 inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. 3223, passed - -2015)