Laguna Woods Municipal Code Ch. 10.26 Small Residential Rooftop Solar Energy Systems

(a) The purpose and intent of this chapter is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems, in accordance with California Civil Code § 714 and California Government Code § 65850.5.

(b) It is also the purpose of this chapter to promote and encourage the use of small residential rooftop solar energy systems and to limit obstacles to their use, in accordance with the standards adopted by the City pursuant to this chapter and State law, while allowing the City to protect the public health and safety.

(c) It is hereby declared that in any instance where the provisions of this section conflict with any applicable State law or regulation, such State law or regulation shall govern.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

The following definitions shall govern the meaning of words and phrases used in this chapter:

(a) Checklist of requirements for small residential rooftop solar energy systems or checklist means the rules, regulations, guidelines, and checklist adopted by resolution of the City Council that sets forth implementing and additional requirements for small residential rooftop solar energy systems consistent with the California Government Code § 65850.5.

(b) Director means the director of the City's Planning and Environmental Services Department or his or her designee.

(c) Electronic submittal shall have the same meaning as the term is defined in Subsection (j)(2) of the California Government Code § 65850.5, as amended from time to time or replaced by a successor statute.

(d) Small residential rooftop solar energy system shall have the same meaning as the term is defined in Subsection (j)(3) of the California Government Code § 65850.5, as amended from time to time or replaced by a successor statute.

(e) Solar energy system shall have the same meaning as the term is defined in Subsection (j)(4) of the California Government Code § 65850.5, as amended from time to time or replaced by a successor statute.

(f) Specific, adverse impact shall have the same meaning as the term is defined in Subsection (j)(5) of the California Government Code § 65850.5, as amended from time to time or replaced by a successor statute.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

This chapter applies to the permitting of all small residential rooftop solar energy systems, as defined herein, 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 stated herein, unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar 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. 15-04, § 3(Exh. A), 9-16-2015)

In addition to the checklist of requirements for small residential rooftop solar energy systems, the following standards shall apply to each small residential rooftop solar energy system:

(a) Systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with the California Government Code § 65850.5.

(b) 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.

(c) The Director may from time to time revise the checklist of requirements for small residential rooftop solar energy systems as long as any revisions are consistent with the most recently adopted resolution of the City Council adopting the checklist, and are consistent with the California Government Code § 65850.5. Such revisions shall be subject to approval of the City Manager and approval as to form by the City Attorney.

(d) The checklist of requirements for small residential rooftop solar energy systems shall be made available to the public during regular business hours at the Office of the City Clerk and by posting the checklist on the City's website.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the City's website. The applicant may submit the permit application and associated documentation to the City in person or by electronic submittal, together with any required permit processing and inspection fees. For electronic submittal, the City shall accept an electronic signature on all forms, applications, and other documentation in lieu of a wet signature by an applicant to the extent permitted by law and to the extent such electronic submittal complies with the requirements set forth in this chapter and the checklist of requirements for small residential rooftop solar energy systems.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

Review of the application to install a small residential rooftop solar energy system shall be limited to an expedited administrative, nondiscretionary review by the City of whether the application meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the small residential rooftop solar energy system will not have a specific, adverse impact upon the public health or safety. If the Director makes a finding based on substantial evidence, that a small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety, the City may require the applicant to apply for a conditional use permit or other applicable license or permit in accordance with the procedure and standards set forth in the California Government Code, § 65650.5.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

(a) An application that satisfies the requirements of this chapter and the checklist of requirements for small residential rooftop solar energy systems shall be deemed complete upon confirmation by the Director that the application and supporting documents are complete and meet the requirements of this chapter and the checklist. Upon the Director's determination that an application is complete, the City shall approve the application and, in conjunction with any other City Departments, issue all required permits or authorizations. Upon receipt of an incomplete application, the Director shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(b) If the City denies an application for a conditional use permit or other applicable license of permit to install a small residential rooftop solar energy system, the City shall make written findings 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.

(c) The decision of the Director pursuant to paragraphs (1) and (2) above may be appealed to the Planning Commission in accordance with the procedure set forth in Section 13.24.050 of this Code.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

For a small residential rooftop solar energy system eligible for expedited review, only one City inspection shall be required, which shall be done in a timely manner and may include (but is not required to include) a consolidated inspection with the Orange County Fire Authority's fire safety inspection. A permit for a small residential rooftop solar energy system shall not take effect until it has passed both a City inspection and a fire safety inspection by the Orange County Fire Authority. If a small residential rooftop solar energy system fails either the City inspection or fire safety inspection, a subsequent inspection is authorized, however the subsequent inspection need not conform to the requirements of this chapter.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)

The City shall not condition approval for any small residential rooftop solar energy system permit on the approval of the system by an "association," as that term is defined in the Civil Code § 4080. Notwithstanding the foregoing, applicants for City approval of solar energy systems should be aware that the City will require association approval when the association owns the property on which the solar energy system will be located (e.g., the roof of the residence), and that association approval may be separately required by the association under the circumstances set forth in the Civil Code § 714.1 (e.g., the solar energy system will be located in a "common area," as defined in the Civil Code § 4095 or § 6532, or the solar energy system will be located on another person's "separate interest," as defined in the Civil Code § 4185 or § 6564). It is the applicant's responsibility to determine whether an association's approval is required for a solar energy system and, if so, to comply with any and all association approval requirements.

(Ord. No. 15-04, § 3(Exh. A), 9-16-2015)