Los Altos Hills Municipal Code Ch. 9 Small Residential Rooftop Solar Expedited Permitting

This chapter shall apply to the expedited permitting of small residential rooftop solar energy systems in the Town of Los Altos Hills as defined under Section 8-9.02. This chapter shall not apply to the routine operation and maintenance or like-kind replacement of components in small residential rooftop solar energy systems or to solar energy systems that were legally established or permitted prior to the effective date of the ordinance codified in this chapter, unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop solar energy system. In addition, a separate building permit shall be required for any structural changes that are necessary to accommodate a new rooftop solar energy system.

(§ 1, Ord. 559, eff. December 19, 2015)

Electronic submittal

means the utilization of one or more of the following:

(a)

Email;

(b)

Internet;

(c)

Facsimile.

Reasonable restrictions

means restrictions on a solar energy system 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. These restrictions are as follows:

(a)

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, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.

(b)

For photovoltaic systems: an amount not to exceed $1,000 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:

(a)

A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(b)

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the Town and all State and Town health and safety standards.

(c)

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

(d)

A solar panel or module array that does not exceed the maximum legal building height as defined by the Zoning Ordinance, Title 10, of the Town Municipal Code.

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. 559, eff. December 19, 2015)

All solar energy systems shall meet all applicable health and safety standards and requirements imposed by the State and the Town. Solar energy systems for heating water in single-family residences and for heating water in swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. 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. 559, eff. December 19, 2015)

The following procedures shall be used in the permitting of small rooftop solar energy systems:

(a) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible Town 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 Planning and Building Department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply in order 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 systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.

(§ 1, Ord. 559, eff. December 19, 2015)

The Planning and Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of the ordinance codified in this chapter. The permit shall be issued based on the following:

(a) The Building Division shall issue a building permit or other nondiscretionary permit within three business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan, and whenever possible shall issue a building permit the same day of receipt of a complete application that meets the requirements of the approved checklist and standard plan.

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

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

(d) A feasible method to satisfactorily mitigate or avoid a specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the Town on another similarly situated application in a prior successful application for a permit. The Town 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.

(e) 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.

(f) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems unless additional inspections are deemed necessary by the Building Official.

(g) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will generally be scheduled within one business day of a request and within a four hour or less inspection window.

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

(§ 1, Ord. 559, eff. December 19, 2015)

The Building Official or Planning Director may require an applicant to apply for a Conditional Use Permit if they find, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon public health and safety. Denial of the Conditional Use Permit application must include written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact (as defined in Section 8-9.02) 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.

(§ 1, Ord. 559, eff. December 19, 2015)