Hidden Hills Municipal Code Art. K Small Residential Rooftop Solar Systems

This chapter provides for the expedited permitting processing for small residential rooftop solar systems.

(Ord. No. 353, § 1, 8-24-15)

Unless the context clearly requires otherwise, the following words or phrases shall have the following meanings when used in this Chapter:

Small Residential Rooftop Solar Energy Systems shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(j)(3), as the same may be amended from time to time.

Solar Energy System has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as the same may be amended from time to time.

Specific, Adverse Impact shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(j)(5), as the same may be amended from time to time.

(Ord. No. 353, § 1, 8-24-15)

A. This Chapter applies to the permitting of solar energy systems including 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 herein 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 shall not require a permit.

(Ord. No. 353, § 1, 8-24-15)

A. All solar energy systems shall 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 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 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.

A. The City's Building Official is delegated authority to: (a) develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems; and (b) develop and 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. The review process, standard plan and checklist shall be implemented and/or adopted by the City's Building Official on or before September 30, 2015.

B. The small residential rooftop solar energy system permit process, standard plan(s), and checklist(s) 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.

C. All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the City's publicly accessible website.

D. The City's Building Official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system applicants. Electronic submittal shall mean submission of the application by email, the internet or facsimile as determined by the Building Official. 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.

(Ord. No. 353, § 1, 8-24-15)

A. The following procedures apply to applications for small residential rooftop solar energy systems:

1. The Building Official shall deem complete an application that satisfies the information requirements in the standard plan(s) and checklist(s).

2. If the Building Official deems the application incomplete, the Building Official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance.

3. The Building Official shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over the counter applications or within one to three business days for electronic applications or in either case as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.

B. The following procedures apply to applications for solar energy systems other than small residential solar energy systems:

1. The Building Official shall administratively approve applications to install solar energy systems through the issuance of a building permit or a similar nondiscretionary permit. 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.

2. The Building Official may require an applicant to apply for a conditional use permit if the Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety.

3. If a conditional use permit is required, the Building Official may deny such application if it makes written findings based upon substantial evidence in the record that the proposed installation of a solar energy system 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 shall include the basis for the rejection of potential feasible alternatives of preventing the 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 shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code, as the same may be amended from time to time.

4. Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

5. The decision of the Building Official may be appealed to the Planning Agency.

(Ord. No. 353, § 1, 8-24-15)

Only one inspection shall be required and performed by the Building Official 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. An inspection will be scheduled within one to two business days of a request. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section.

(Ord. No. 353, § 1, 8-24-15)

The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code."

(Ord. No. 353, § 1, 8-24-15)