Oceanside Municipal Code Art. XIV Rooftop Solar Energy Systems

(a) Purpose. This article is intended to decrease dependence upon nonrenewable energy sources by encouraging the installation of devices, structures or materials for the conservation of energy on certain structures within the city. The provisions of this chapter are intended to supplement and not supersede other regulations and requirements imposed by chapter 6 of this Code.

The purpose of this article is for an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (2014) amendments to Section 65850.5 of California Government Code to achieve timely and cost-effective installations of small rooftop solar energy systems with reasonable restrictions. The use of solar systems is encouraged by streamlining processes, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems while protecting public health and safety.

(b) Application. This article applies to the permitting of small residential solar energy systems in the city. A small residential solar energy system permitted prior to the effective date of this section is not subject to these requirements unless physical modifications or alterations are undertaken that materially change the size, type, or components of a system in such a way as to require new permitting.

(c) Definitions.

(1) A "solar energy system" consists of a solar collector or other solar energy device to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. A system typically consists of panels or arrays. A structural design feature of a building may also be included as part of the system.

(2) A "small rooftop solar energy system" is a system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal. The system shall conform to applicable building, electrical, plumbing, mechanical, or fire codes as adopted or amended by the city and state, county and city health and safety standards. The solar panel or module array shall not exceed the maximum building height as defined by the zone in the zoning ordinance.

(3) "Specific, adverse impact" as used in this chapter 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.

(4) "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.

(5) "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" means:

a. For a water heater system or a solar swimming pool heating system: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent.

b. For a photovoltaic system: an amount not to exceed one thousand dollars ($1,000.00) over the system cost, or a decrease in system efficiency of an amount exceeding ten (10) percent.

(d) Solar energy system regulations.

(1) A solar energy system shall meet applicable building, electrical, plumbing, mechanical, and fire codes as adopted or amended by the city.

(2) A solar energy system for heating water in a single-family residence or 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.

(3) A solar energy system shall meet applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(e) Permit review.

(1) The building official shall implement an expedited, administrative, nondiscretionary review process for small rooftop solar energy systems with reasonable restrictions. Any condition imposed on an application for a system shall be designed to mitigate a specific, adverse impact upon health and safety at the lowest possible cost.

(2) The building official may require an applicant to apply for a use permit if the building official makes a finding based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. The building official's decision may be appealed to the planning commission. If a use permit is required, the building official may deny an application for the use permit if a finding is made, based upon substantial 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. The basis for the rejection of potential feasible alternatives of preventing the adverse impact shall be included in the finding. The decision to deny may also be appealed to the planning commission.

(3) 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.

(4) Neither the building official or the planning commission shall condition approval of an application upon the approval of an association, as defined in Section 4080 of the Civil Code.

(5) One inspection shall be required and performed for small rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. A separate fire inspection may be performed if necessary. If a small rooftop solar energy system fails inspection, a subsequent inspection is required.

(f) Fees. Fees for each permit shall be as set for in a resolution adopted by the city council.

(Ord. No. 15-OR0639-1, § I, 10-21-2015)