Kern County Municipal Code Ch. 17.57 Small Residential Rooftop Solar Energy System Review Process

The purpose of this chapter is to adopt an expedited, streamlined solar permitting process to achieve timely and cost-effective installations of small residential rooftop solar energy systems in accordance with Government Code Section 65850.5.

(Ord. No. G-8581, § 3, 7-21-15)

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

1. E-mail;

2. Internet;

3. Facsimile.

B. "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 County Civil Code section 714(c)(iii), as such section or subdivision may be amended from time to time;

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 authority having jurisdiction.

C. "Solar energy system" has the same meaning set forth in Civil Code section 801.5(a)(1) and (2), as such section or subdivision may be amended from time to time.

(Ord. No. G-8581, § 3, 7-21-15)

A. The building official is authorized and directed to develop and adopt a permit process and checklist of all requirements that small residential rooftop solar energy systems shall comply with to be eligible for expedited review. The process and checklist, which shall comply with California Government Code section 65850.5, will be posted on the county's internet website.

B. The adopted process will allow an applicant to submit the permit application and associated documentation to the county's building inspection division by personal delivery, mail, or electronic means, along with any required permit processing and inspection fees. 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 handwritten signature.

(Ord. No. G-8581, § 3, 7-21-15)

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) is adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

B. For walk-in applications the building official shall perform a plan review and issue all required permits within one (1) business day when reasonable to do so. For electronic submittals, the building official shall perform a plan review and issue all required permits within one (1) to three (3) business days when reasonable to do so. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing deficiencies in the application and any additional information required to be eligible for permit issuance.

C. Review of an application shall be generally limited to the building official's review of whether the application meets the checklist and the California Building Standards Code requirements. However, a building official shall also consider public health and safety and shall require a use permit if he/she makes a finding, based on substantial evidence, that the solar energy system could have specific, adverse impact upon the public health and safety.

D. If a use permit to install a solar energy system is required, its application may not be denied unless written findings are made based upon substantial 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 the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The building official decision that a use permit is required may be appealed to the planning commission.

E. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. 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.

F. In most cases, for a small residential rooftop solar energy system to be eligible for expedited review, only one (1) 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 an inspection, subsequent inspection(s) shall be authorized; however the subsequent inspection(s) need not conform to the requirements of this chapter.

(Ord. No. G-8581, § 3, 7-21-15)

If any section, subsection, phrase, or clause of this chapter is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. G-8581, § 3, 7-21-15)