Napa County Municipal Code Art. III Small Residential Rooftop Solar Energy Systems

The purpose of the ordinance 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. The ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the county, and expanding the ability of property owners to install solar energy systems. The ordinance allows the county to achieve these goals while protecting the public health and safety.

(Ord. No. 1404, § 1, 9-22-2015)

A. "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

B. "Common interest development" means any of the following:

1. A community apartment project;

2. A condominium project;

3. A planned development; or

4. A stock cooperative.

C. "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.

D. "Significantly" increasing the cost of a system or "significantly" decreasing its efficiency or specified performance means:

1. For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law:

a. An increase in cost exceeding ten percent of the cost of the system, or one thousand dollars, whichever is less; or

b. A decrease in efficiency of the system by an amount exceeding ten percent of the efficiency as originally specified and proposed.

2. For photovoltaic systems that comply with state and federal law:

a. An increase in cost exceeding one thousand dollars over the system cost as originally specified and proposed; or

b. A decrease in efficiency of the system by an amount exceeding ten percent of the efficiency as originally specified and proposed.

E. "Small residential rooftop solar energy system" means a system that:

1. Is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal;

2. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the county and all state and county health and safety standards;

3. Is installed on a single or duplex family dwelling; and

4. Has a solar panel or module array that does not exceed the maximum legal building height as defined by the county.

F. "Solar energy system" means either of the following:

1. 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; or

2. 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.

G. "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. 1404, § 1, 9-22-2015)

A. This ordinance applies to the permitting of all small residential rooftop solar energy systems in the county.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance 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.

(Ord. No. 1404, § 1, 9-22-2015)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the county, Cal Fire, and any local district that may have jurisdiction.

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.

(Ord. No. 1404, § 1, 9-22-2015)

A. A checklist of all documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible county website.

B. Electronic submittal of the required permit application and documents shall be allowed for all small residential rooftop solar energy system permits pursuant to the electronic submittal procedures specified in the checklist of requirements referenced in subsection (A) of Section 15.14.090.

C. Electronic signatures for solar permit applications cannot currently be accepted as the county's permitting software is not compliant with California Government Code section 16.5 and California Code of Regulations section 22000 through 22005. Thus, applicants must affix wet signatures on all forms, applications and documents requiring signatures, and must submit hard copies of the signature pages to the county to accompany the forms, applications, and documents that are otherwise submitted electronically. Alternatively, applicants may submit hard copies of all such forms, applications and other documents required.

D. Within thirty days of the adoption of this ordinance, the county's building division 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. The checklist and standard plan shall be published on the county's publicly accessible website. The checklist shall also specify what form of electronic submission of applications and supporting documentation, whether by email and/or via the county's Internet website, shall be accepted at any given time.

E. The small residential rooftop solar system permit process, standard plans, and checklists 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 system 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. 1404, § 1, 9-22-2015)

A. The building division shall expedite review of applications to install solar energy systems to determine whether they are complete. As soon as reasonably practicable, upon receipt of a complete application and all required supporting documentation that meets the requirements of the standard plan and checklist, the building official or designee shall issue a building permit or other nondiscretionary permit. However, the building division may require an applicant to apply for a use permit if the building official or designee finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such review of the application shall be limited to the building official's review of whether it 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 solar energy system will not have a specific, adverse impact upon the public health or safety.

B. If an applicant seeks a use permit in accordance with the building division's requirement, the building official or designee may not deny an application for a use permit to install a solar energy system unless it makes 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 decisions of the building official or designee as described by subsections (A) and (B) of this section, above, may be appealed to the planning commission.

D. Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

E. A feasible method to satisfactorily mitigate or avoid the specific, adverse impact upon health and safety includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the county on another similarly situated application in a prior successful application for a permit. The county 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 significantly decrease its efficiency or specified performance.

F. The county 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 county building division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed if an agreement with Cal Fire does not exist or extend to performance of safety inspections in this context.

I. The inspection(s) shall be done in a timely manner and should include, if possible, consolidated inspections. An inspection will be scheduled within two business days of a request and provide a two hour inspection window.

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 ordinance.

(Ord. No. 1404, § 1, 9-22-2015)