Monterey Municipal Code Art. 9 Small Residential Rooftop Solar Energy Systems

a.A “solar energy system” means either of the following:

i.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.

ii.Any structural design feature of a 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.

b.A “small residential rooftop solar energy system” means all of the following:

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

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

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

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

c.“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.

d.“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.

e.“Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

i.For water heater systems or solar swimming pool heating systems: an amount not exceeding 10 percent 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 percent, as originally specified and proposed.

ii.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 percent as originally specified and proposed. (Ord. 3520 § 2, 2015)

The purpose of this article is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This article encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This article allows the City to achieve these goals while protecting the public health and safety. (Ord. 3520 § 2, 2015)

a.This article applies to the permitting of all small residential rooftop solar energy systems in the City.

b.Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in 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 or like-kind replacements shall not require a permit.

c.A use permit and/or architectural review may be required for properties on the City’s list of historic resources as deemed necessary by the Chief of Planning, Engineering, and Environmental Compliance. (Ord. 3520 § 2, 2015)

a.All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City.

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, the rules of the Public Utilities Commission regarding safety and reliability. (Ord. 3520 § 2, 2015)

a.All documents required for the submission of an expedited solar energy system application shall be made available on the City’s public website.

b.Electronic submittal of the required permit application and documents by email, facsimile, or other means authorized by the City’s Chief Building Official 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 Permits and Inspections Office 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. (Ord. 3520 § 2, 2015)

a.The City’s Permits and Inspections Office shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy. The Permits and Inspections Office shall review the submitted plan and have a building permit or other nondiscretionary permit ready to be issued within three business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Chief Building Official, or the Official’s designee, may require an applicant to apply for a use permit if the 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 City’s Planning Commission.

b.Review of the application shall be limited to the Official’s review of whether the application meets local, state, and federal health and safety requirements.

c.If a use permit is required, the Zoning Administrator may deny an application for the use permit if the 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, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the City’s Planning Commission.

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

e.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.

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

g.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.

h.Only one inspection shall be required and performed by the Permits and Inspections Office for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed.

i.Any inspection shall be done in a timely manner and, as much as feasible, shall include consolidated inspections.

j.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. 3520 § 2, 2015)