Huntington Park Municipal Code Ch. 18 Small Residential Rooftop Solar Systems

The purpose of this chapter is to establish an expedited, streamlined solar permitting process that complies with Civil Code Section 714 and Government Code Section 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages 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.

(§ 1, Ord. 941-NS, eff. October 8, 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 the ordinance codified in 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 the small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

(§ 1, Ord. 941-NS, eff. October 8, 2015)

The following words and phrases as used in this section are defined as follows:

"Building Division"

means the Building Division of the City of Huntington Park.

"Building Official"

means the Building Official for the City of Huntington Park.

"Electronic submittal"

means the utilization of one or more of the following:

(1)

E-mail;

(2)

The Internet;

(3)

Facsimile.

"Reasonable restrictions"

on a solar energy system means 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 decrease its efficiency or specified performance"

means:

(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 $1,000.00, 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 $1,000.00 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"

means all of the following:

(1)

A solar energy system that is no larger than 10 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 paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(3)

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

(4)

A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

"Solar energy system"

has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

"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.

(§ 1, Ord. 941-NS, eff. October 8, 2015)

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

(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.

(§ 1, Ord. 941-NS, eff. October 8, 2015)

(a) All documents required for the submission of an expedited solar energy system application shall be made available on the City's website.

(b) The applicant may submit the permit application and associated documentation to the City's Building Division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees.

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

(d) The City's Building Division shall adopt a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

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

(f) All plan review and permit fees shall be as adopted by separate resolution and/or ordinance. Plan checking fees shall be paid at the time of plan review submittal. Permit fees shall be paid at the time of permit issuance. Any such fees must comply with Government Code Sections 65850.55 and 66015, Health and Safety Code Section 17951 and any other applicable State laws.

(§ 1, Ord. 941-NS, eff. October 8, 2015)

(a) Prior to submitting an application, the applicant shall:

(1) 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

(2) 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.

(b) For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

(c) An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(d) Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the check list, the Building Official shall administratively approve the application and issue all required permits or authorizations in a timely manner in substantial compliance with the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. Such approval 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 or permission from the local utility provider.

(e) Review of the application shall be limited to the Building Official or designee's review of whether the application meets local, State, and Federal health and safety requirements.

(f) The Building Official or designee may require an applicant to apply for a 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 City Planning Commission.

(g) If a use permit is required, the Building Official or designee may deny an application for the use permit if the Building Official or designee 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, as defined, the 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.

(h) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. 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 defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

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

(§ 1, Ord. 941-NS, eff. October 8, 2015)