San Bernardino County Municipal Code Ch. 16 Residential Rooftop Solar Energy Systems

In adopting this Chapter, it is the intent of the Board of Supervisors to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act of 1978, as amended by Assembly Bill 2188 (Chapter 521, Statutes 2014), in order to facilitate the timely and cost-effective installations of small residential rooftop solar energy systems. This Chapter is intended to make the installation of residential solar distributed generation technology easier, to facilitate the deployment of such technology in the County, to enhance the County’s contribution to the State’s ability to reach its clean energy goals, and to generate much needed jobs in the County and State. The provisions of this Chapter will help the County achieve these goals while protecting public health and safety.

(Ord. 4285, passed - -2015)

The following definitions shall be applicable to the provisions in this Chapter.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following: e-mail; internet; or facsimile.

SOLAR ENERGY SYSTEM. A solar energy system as defined in § 810.01.210(uu) of the County Code.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM. A solar energy system which meets all of the following:

(1) A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(2) A solar energy system that (1) conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the County; (2) all State and County health and safety standards; and (3) 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.

(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.

SPECIFIC, ADVERSE IMPACT. 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. 4285, passed - -2015)

(a) All small residential rooftop solar energy systems shall comply with the applicable standards and requirements for solar energy systems as set forth in the County Code.

(b) Except to the extent deviations are required due to unique climactic, geological, or topographical conditions pursuant to § 63.0809, the small residential rooftop solar system permit process, standard plans, and checklists, shall otherwise substantially conform to the 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.

(Ord. 4285, passed - -2015)

(a) Upon confirmation that the application is complete, staff shall review the application to ensure that the small residential rooftop solar energy system meets local, State, and Federal health and safety requirements. The Building Official may require an applicant to apply for a use permit pursuant to the County Development Code, if the Building Official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety.

(b) Staff shall issue a building permit or other nondiscretionary permit within a reasonable time following receipt of a complete application that meets the requirements of the approved checklist, standard plan, and this Chapter.

(c) Staff’s approval of an application shall not be based or conditioned on the approval of an association, as defined in California Civil Code § 4080.

(Ord. 4285, passed - -2015)

(a) The Building Official shall make the checklist and all permitting documentation required for a small residential rooftop solar energy system available on a publicly accessible website.

(b) An applicant may submit the application and related documentation for a small residential rooftop solar energy system by electronic submittal, as specified on the County website. Electronic signatures shall be accepted by the County on all electronic submittals in lieu of a wet signature, in conformance with California Government Code § 16.5 and Title 2 of the California Code of Regulations, §§ 22000 et seq.

(Ord. 4285, passed - -2015)

(a) One inspection shall be required and performed by staff for each small residential rooftop solar energy system eligible for expedited review.

(b) The inspection shall be done in a timely manner.

(c) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of § 63.1606.

(Ord. 4285, passed - -2015)