Moorpark Municipal Code Ch. 15.21 Small Residential Rooftop Solar Energy Systems and Electric Vehicle…

The purpose of this chapter is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems and electric vehicle charging stations in compliance with Sections 65850.5 and 65850.7 of the California Government Code.

(Ord. 435 § 2, 2015; Ord. 455 § 2, 2017)

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

"Electric vehicle charging station" or "charging station"

shall have the same meaning as provided in Government Code Section 65850.7(i)(3), as the same may be amended from time to time.

"Electronic submittal"

means the utilization of one or more of the following:

E-mail;

The Internet;

Facsimile.

"Small residential rooftop solar energy system"

shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(j)(3), as the same may be amended from time to time.

"Solar energy system"

has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as the same may be amended from time to time.

(Ord. 435 § 2, 2015; Ord. 455 § 2, 2017)

A. This chapter applies to the permitting of solar energy systems including small residential rooftop solar energy systems, and electric vehicle charging stations in the city.

B. Small residential rooftop solar energy systems legally established or permitted prior to October 15, 2015 are not subject to the requirements herein 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. Electric vehicle charging stations legally established or permitted prior to November 3, 2017 are not subject to the requirements herein unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. 435 § 2, 2015; Ord. 455 § 2, 2017)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city and the local fire department.

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.

D. All electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. 435 § 2, 2015; Ord. 455 § 2, 2017)

A. The building official shall develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems and electric vehicle charging stations; and develop and adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems and electric vehicle charging stations shall comply to be eligible for expedited review.

B. The small residential rooftop solar energy 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.

C. The electric vehicle charging station 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 Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero Emission Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research.

D. All documents required for the submission of a small residential rooftop solar energy system application and electric vehicle charging station application shall be made available on the city's publicly accessible website.

E. The building official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system and electric vehicle charging station applicants. 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.

F. The building official shall deem complete an application for a small residential rooftop solar energy system or an electric vehicle charging station that satisfies the information requirements in the standard plan(s) and checklist(s).

G. If the building official deems the application incomplete, the building official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance.

H. The building official shall issue a building permit on the same day for over the counter applications or within one to three business days for electronic applications or in either case as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan and if the small residential rooftop solar energy system or electric vehicle charging station would not have any specific, adverse impact upon the public health or safety.

I. If the building official finds, based on substantial evidence, that a proposed small residential rooftop solar energy system or an electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the building official may require the applicant to apply for a small residential rooftop solar energy system or an electric vehicle charging station use permit.

J. An application for a small residential rooftop solar energy system or an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed small residential rooftop solar energy system or an electric vehicle charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of a small residential rooftop solar energy system or an electric vehicle charging station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Sections 65850.5 and 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety may not be considered.

K. A decision of the building official made pursuant to subsections H through J of this section may be appealed to the planning commission. The planning commission's review shall also be limited to health and safety issues.

L. Any condition imposed on an application for an expedited building permit or use permit pursuant to this chapter shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. 435 § 2, 2015; Ord. 455 § 2, 2017)

Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems and electric vehicle charging stations eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one to two business days of a request. If a small residential rooftop solar energy system or electric vehicle charging station fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. 435 § 2, 2015; Ord. 455 § 2, 2017)