§ 18.40

This chapter is and may be cited as the "The Small Residential Rooftop Solar Energy System Review Process." The chapter is enacted pursuant to Government Code section 65850.5 as amended by Assembly Bill 2188 (Chapter 521, Statutes 2014).

(Ord. No. 4344, § 3, 10-6-2015)

The purpose of this Chapter is to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The intent of this Chapter is to encourage the use of solar systems by creating a streamlined, expedited permitting process. This Chapter allows the County to achieve these goals while protecting the public health and safety.

(Ord. No. 4344, § 3, 10-6-2015)

This Chapter applies to the permitting of small residential rooftop solar energy systems in the unincorporated territory of the County of Mendocino.

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 small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like, in-kind replacements shall not require a permit.

(Ord. No. 4344, § 3, 10-6-2015)

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

(A)

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

Email;

2.

The Internet; or

3.

Facsimile.

(B)

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

1.

A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 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 and paragraph (3) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

3.

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

4.

A solar panel or module array that does not exceed the maximum legal building height as defined by the County.

(C)

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

(D)

"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. 4344, § 3, 10-6-2015)

(A)

Solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the County and local fire districts.

(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 Codes.

(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 Electronic Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 4344, § 3, 10-6-2015)

(A)

The Director of Planning and Building Services shall adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, including standard plans and checklists. The permit process, standard plans and checklists shall set forth all requirements with which the small residential rooftop energy system must comply in order to be eligible for expedited review, and shall substantially conform to recommendations for expedited permitting, including the checklists 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 ("Guidebook").

(B)

The Director of Planning and Building Services may modify the checklists and standards found in the Guidebook due to unique climactic, geological, seismological or topographical conditions.

(C)

The checklists and required permitting documentation shall be published on the County's website. If the Director of Building and Safety modifies the checklists and standard plans found in the California Solar Permitting Guidebook, he shall document the unique climactic, geological, seismological or topographical conditions requiring such modifications and shall also include such documentation on the County's website.

(D)

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.

(Ord. No. 4344, § 3, 10-6-2015)

(A)

The applicant may submit the permit application and associated documentation to the Department of Planning and Building Services in person, mailed, or electronic submittal together 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 wet signature.

(B)

An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

(C)

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 perform an expedited review of the application and all submittals. The Building Official shall administratively approve the application and issue all required permits or authorizations, following the payment of all required fees. 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.

1.

The Building Official may withhold issuance if there is a violation on record for the structure under review.

2.

The county shall not condition approval based on the approval of an association, as defined in Section 4080 of the Civil Code.

(D)

A use permit may be required if, upon review of the application, the Director of Planning and Building Services makes a finding, based on substantial evidence, that the proposed small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety, and that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact (as that term is defined in Government Code section 65850.5). The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The determination of the Director of Planning and Building Services may be appealed to the Planning Commission. The Planning Commission shall not deny an application for such a use permit unless it makes written findings, based on substantial evidence, 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 (as that term is defined in Government Code section 65850.5). The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(E)

As soon as practicable after the applicant notifies the Building Official that a small residential rooftop solar energy system has been installed under a permit, the Building Official will inspect the system to verify compliance with the permit. A separate fire inspection may be performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority. If it is determined that a system was not installed in compliance with a permit, the applicant will be notified of the actions needed to comply with the permit and conduct additional inspections as necessary. No small residential rooftop solar energy system may be operated until it complies with the building permit.

(Ord. No. 4344, § 3, 10-6-2015)

CHAPTER 18.50 - ELECTRIC VEHICLE CHARGING STATION PERMITTING PROCESS