Kingsburg Municipal Code Ch. 15.09 Small Residential Rooftop Solar Energy Systems

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Editor's note— Ord. No. 2022-002, § 2, adopted Nov. 16, 2022, repealed the former Ch. 15.09, and enacted a new Ch. 15.09 as set out herein. The former Ch. 15.09 pertained to international residential code and derived from Ord. No. 2010-04, adopted Jan. 5, 2011.

The purpose of this chapter is to establish an expedited, streamlined permitting process that complies with the California Solar Rights Act and California Assembly Bill 2188 to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The provisions of this chapter encourage the use of residential solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of residential property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety of the citizens of Kingsburg.

(Ord. No. 2022-002, § 2, 11-16-2022)

As used in this chapter:

"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

"Common interest development" means a community apartment project, condominium project, planned development or stock cooperative.

"Electronic submittal" means a submission to the city utilizing email, the Internet or facsimile.

"Reasonable restrictions" on a solar energy system are 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:

A. For water heater systems or solar swimming pool heating systems: An amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or a decrease in system efficiency by an amount exceeding ten percent (10%) as originally specified and proposed.

B. For photovoltaic systems: An amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency by an amount exceeding ten percent (10%) as originally specified and proposed.

"Small residential rooftop solar energy system" means all of the following:

A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal and conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards. The solar energy system must be installed on a single family dwelling or duplex multi-family dwelling and the solar panel or module array cannot exceed the maximum legal building height as defined by the city.

"Solar energy system" means either of the following:

A. 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.

B. Any structural design feature of a residential building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

"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.

(Ord. No. 2022-002, § 2, 11-16-2022)

A. The provisions of this chapter apply to the permitting of all small residential rooftop solar energy systems in the City of Kingsburg.

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 modifications or alterations are undertaken that materially change the size, type, or components of a residential 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. 2022-002, § 2, 11-16-2022)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city, building and fire departments.

B. Solar energy systems for heating water in single-family residences and for heating water for 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.

(Ord. No. 2022-002, § 2, 11-16-2022)

A. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

B. Electronic submittal of the required permit application and documents by email, the Internet, 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 city's building division shall 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.

E. The small residential rooftop solar 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.

F. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951 as amended from time to time.

(Ord. No. 2022-002, § 2, 11-16-2022)

A. The building division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within sixty (60) days after this chapter becomes effective.

B. The building division shall issue a permit or other nondiscretionary approval three (3) business days after an over-the-counter application is deemed complete and meets the requirements of the approved checklist and standard plan or within three (3) business days after the date of receipt of an application sent by electronic submittal is deemed complete and meets the requirements of the approved checklist and standard plan.

C. The city building official may require an applicant to apply for a 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. Such decisions may be appealed to the Kingsburg City Council in accordance with the applicable provisions of Section 17.04.090 of Chapter 17.04 of Title 17 of the Kingsburg Municipal Code.

D. Review of the application shall be limited to the building official's review of whether the application meets the requirements of the approved checklist and standard plan and all applicable local, state, and federal building, health and safety requirements.

E. If a use permit is required, the building official may deny an application for the use permit if the building 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 adverse impact. Such findings shall include the basis for the rejection of any potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Kingsburg City Council in accordance with the applicable provisions of Section 17.04.090 of Chapter 17.04 of Title 17 of the Kingsburg Municipal Code.

F. Any condition imposed on an application shall be designed to mitigate the specific adverse impact upon health and safety at the lowest possible cost.

G. 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 of the system.

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

I. If an application 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 permit issuance shall be sent to the applicant for resubmission.

J. Only one (1) inspection shall be required and performed by the building official for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed if deemed required by the Kingsburg Fire Department. The inspection shall be performed in a timely manner and shall include consolidated inspections, if possible. An inspection will be scheduled within two (2) business days after a request and provide a four-hour inspection window. If a small residential rooftop solar energy system fails inspection, the reasons for the failure will be set forth in written notice and provide to the applicant. Upon satisfaction of the issues identified in the written notice, another inspection will be scheduled in accordance with this Subsection J.

(Ord. No. 2022-002, § 2, 11-16-2022)