Huntington Beach Municipal Code Ch. 17.61 Small Residential Rooftop Solar Energy Systems

The intent and purpose of this Chapter is to adopt an expedited permitting process for small residential rooftop solar energy systems that complies with California Government Code Section 65850(g). 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.

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"Small residential rooftop solar energy system"

means all of the following:

A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

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 California Civil Code Section 714(c)(3), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

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

A solar panel or module array that does not exceed the maximum legal building height as set by Section 210.06 of the City Zoning Code.

"Solar energy system"

means either of the following:

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.

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.

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This Chapter applies to the permitting of all small residential rooftop solar energy systems in the City. 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 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 with no structural alterations shall not require a permit.

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A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California.

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.

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A. The Building Official shall implement an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications. The process shall incorporate the use of standard plans and a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklists and standards contained in the most current version of the California Solar Permitting Guidebook as adopted by the Governor's Office of Planning and Research, and as specified by Government Code Section 65850.5(g)(2).

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

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A. The Building Official shall review an application for a small residential rooftop solar energy system to determine whether it complies with the standard plans and checklist that the Building Official adopted pursuant to Section 17.61.050. If the Building Official deems any application incomplete, he or she shall issue a written correction notice detailing the deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

B. If the Building Official determines a small residential rooftop solar energy system application is complete and meets the requirements of the standard plans and checklist, he or she shall administratively approve it and issue all required permits for its installation.

C. The Building Official shall perform only one inspection for a small residential rooftop solar energy system eligible for expedited review. The inspection shall be done in a timely manner and may include consolidated inspections.

D. 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.

E. The Building Official shall review each application for a small residential rooftop solar energy system to determine whether it will have a specific, adverse impact upon the public health or safety. The Building Official may impose mitigation conditions on an application to mitigate any specific, adverse impacts upon the public health or safety. When imposing mitigation conditions, the Building Official shall consider any cost-effective method, condition, or mitigation measure the City previously imposed on another similarly situated successful prior application. The Building Official shall use his or her best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d) (1) (A) and (B). The Building Official may deny the application if he or she determines that the specific, adverse impacts cannot be mitigated.

F. The Building Official shall support his or her determination of specific, adverse impacts upon the public health or safety through written findings based upon objective, identified and written public health or safety standards, policies or conditions in existence on the date the application was deemed complete.

G. The decision of the Building Official to condition or deny the application based upon specific, adverse impacts upon the public health or safety may be appealed to the Director of Planning and Building.

H. The City building permit does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval from the local utility provider.

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