Laguna Niguel Municipal Code Art. 11 Small Residential Rooftop Solar Systems

The purpose of this article is to adopt an expedited, streamlined solar permitting process that complies with Assembly Bill AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This article allows the city to achieve these goals while protecting the public's health and safety.

(Ord. No. 2018-192, § 2, 4-3-18)

This article applies to the permitting of all small residential rooftop solar energy systems in the city, as that term is defined in this article.

Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this article are not subject to the requirements of this article 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 of small residential rooftop solar energy systems shall not require a permit.

(Ord. No. 2018-192, § 2, 4-3-18)

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

Building Department means the Building and Safety Division of the Community Development Department for the City of Laguna Niguel.

Building Official means the Building Official for the City of Laguna Niguel.

City means the City of Laguna Niguel.

Electronic submittal means the utilization of one or more of the following:

(1) Email;

(2) The Internet;

(3) Facsimile.

Small residential rooftop solar energy system means a solar energy system which meets all of the following:

(1) Is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal;

(2) 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;

(3) Conforms to 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;

(4) Is installed on a single or duplex family dwelling; and

(5) The panel or module array does not exceed the maximum legal building height as defined by the city.

Solar energy system has the meaning set forth in paragraph (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.

(Ord. No. 2018-192, § 2, 4-3-18)

(a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city, local fire department (Orange County Fire Authority), 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.

(Ord. No. 2018-192, § 2, 4-3-18)

(a) Within 14 days of adoption of this article, the Building Department shall develop and implement a checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review. The checklist shall substantially conform to the checklist contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(b) All documents required for the submission of an expedited small residential rooftop solar energy system application, including the checklist, shall be made available on the city's website and made available during business hours at the Building Department.

(c) Electronic submittal of the required permit application and associated documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants.

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

(e) All fees prescribed for the permitting of small residential rooftop solar energy systems pursuant to this Article must comply with Government Code Sections 65850.55 and 66015 and Health & Safety Code Section 17951.

(Ord. No. 2018-192, § 2, 4-3-18)

(a) The Building Department shall implement an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications.

(b) Review of an application for a small residential rooftop solar energy system shall be limited to the Building Department's review of whether the applicant meets local, state and federal health and safety requirements.

(c) For an application for a small residential rooftop solar energy system that meets the requirements of the city's checklist, the Building Department shall issue a building permit or other non-discretionary permit or authorization.

(d) If an application for a small residential rooftop solar energy system 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 permitting shall be sent to the applicant for resubmission.

(e) The Building Official may require an applicant to apply for a minor 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.

(f) If a minor use permit is required, the city may not deny an application for the residential rooftop solar energy system minor use permit unless the city makes written findings based upon substantial 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 specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed to the City Planning Commission in accordance with section 9-1-112 of this Code.

(g) Any conditions imposed on an application for a small residential rooftop solar energy system minor use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(h) The city shall not condition approval of a small residential rooftop solar energy system application on the approval of an association, as defined in Section 4080 of the Civil Code, that manages a common interest development.

(i) Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.

(1) The inspection shall be completed in a timely manner and should include consolidated inspections.

(2) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this article.

(Ord. No. 2018-192, § 2, 4-3-18)