Santa Clara County Municipal Code Ch. IV Streamlined Permitting for Small Residential Rooftop Solar Energy Systems

The purpose of this chapter is to adopt an expedited, streamlined permitting process for small residential rooftop solar energy systems that complies with the Solar Rights Act, as amended by Assembly Bill 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of such small residential rooftop solar energy systems while protecting public health and safety. This chapter shall apply to the permitting of all small residential rooftop solar energy systems in the unincorporated area of the County. This chapter is adopted pursuant to the authority granted by Article XI, Section 7 of the California Constitution, Government Code section 65850.5, and Health and Safety Code section 17959.1.

(Ord. No. NS-1100.126, § 1, 5-9-17)

The following definitions apply to this chapter:

(a) Electronic submittal means the utilization of one or more of the following:

(1) Email;

(2) Internet.

(b) Small residential rooftop solar energy system means 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 conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the County and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended from time to time.

(3) A solar energy system that is installed on a legally established 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 Zoning Ordinance of the County of Santa Clara.

(c) 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.

(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 cooling.

(Ord. No. NS-1100.126, § 1, 5-9-17)

(a) All small residential solar energy systems shall meet applicable health and safety standards and requirements imposed by the State of California and the County of Santa Clara.

(b) Small residential 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 as adopted and amended by the County of Santa Clara.

(c) Small residential solar energy systems for producing electricity shall meet all applicable 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. NS-1100.126, § 1, 5-9-17)

(a) The Building Official shall develop and adopt checklists and standard plans of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The Building Official may adopt checklists and standard plans that substantially conform to the recommendations for expedited permitting contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(b) The checklists and standards plans for small residential rooftop solar energy systems adopted by the Building Official, as well as any other required permitting documentation, shall be published on the County's website.

(Ord. No. NS-1100.126, § 1, 5-9-17)

(a) The applicant may submit the application and related documentation for a small residential rooftop solar energy system by electronic submittal, with all required permit processing and inspection fees, as adopted by resolution of the Board of Supervisors. Electronic signatures shall be accepted by the Building Official on all electronic submittals in lieu of a wet signature.

(b) An application for a small residential rooftop solar energy system shall be deemed complete when the Building Official, or designee, determines that the application and supporting documentation satisfies all of the information requirements in the checklists and standard plans, and meets local, state, and federal health and safety requirements.

(c) 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.

(d) Applications for small residential rooftop solar energy systems shall be administratively reviewed and approved by the Building Official, or designee, as nondiscretionary permits within a reasonable time following receipt of a complete application that meets the requirements of the County's approved checklists, standard plans, and payment of all required permit processing and inspection fees. The approval shall not be deemed an approval for the applicant to violate any statute, code or ordinance, or applicable standard.

(e) Approval of an application for a small residential rooftop solar energy system shall not be based or conditioned on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code.

(f) Approval does not authorize an application to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant shall obtain approval from the local utility provider.

(Ord. No. NS-1100.126, § 1, 5-9-17)

(a) Only one inspection shall be required and performed by the County for small residential rooftop solar energy systems eligible for expedited review.

(b) The inspection shall be done in a timely manner and may include a consolidated inspection by the Building Office and Fire Marshal, or designees.

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

(Ord. No. NS-1100.126, § 1, 5-9-17)