Signal Hill Municipal Code Ch. 15.13 Small Residential Rooftop Solar Energy Storage Systems and EV Charger…

The City Council adopts all California Code of Regulations, the California Energy Codes, and California Health and Safety Codes related to small size rooftop residential solar, residential energy storage systems, also referred to as ESS, and residential EV charger systems to expedite and streamline plan review, issuance of permits, and inspections. This chapter is designed to encourage the use of such systems in residential occupancies by achieving a timely, cost-effective method to remove unreasonable barriers, minimize costs to property owners in the installation of such energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety.

(Ord. 2022-12-1542 § 7 (part): Ord. 2015-08-1476 § 1 (part))

Whenever any of the following names or terms are used in this chapter, the California Residential Code or its appendices each such name or term shall be deemed and construed to have meaning ascribed to it in this section as follows:

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

B. "Building Department" means the Building and Safety Division of the Community Development Department for the City of Signal Hill.

C. "Building Official" means the Building Official for the City of Signal Hill or his/her designee.

D. "City" means the City of Signal Hill.

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

• 1. A community apartment project.
• 2. A condominium project.
• 3. A planned development.
• 4. A stock cooperative.

F. "Electronic submittal" means the utilization of one or more of the following:

• 1. Email.
• 2. The Internet.
• 3. Facsimile.

G. "Expedited permitting," and "expedited review," means the process outlined in Section 15.13.060 entitled "Expedited Permit Review and Inspection Requirements."

H. "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.

I. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

J. "Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is not larger than ten kilowatts alternating current nameplate rating or thirty 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 city and paragraph (3) of subdivision (c) of Section 714 of the Civil Code as such section or subdivision may be amended, renumbered, or redesignated from time to time.

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 authority having jurisdiction.

K. "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, space cooling or water heating.

L. "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.

M. "Energy storage system" or "E.S.S." means one or more components assembled together capable of storing energy and providing electrical energy into the premises wiring system or an electric power production and distribution network.

N. "Electric vehicle" or "EV" means an automotive-type vehicle for on road use such as passenger automobiles, trucks, vans, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electrical current.

O. "Electric vehicle charger" or "EV charger" means a device that, when electrically coupled (conductive or inductive) to an electrical to an electric vehicle inlet, establishes an electrical connection to the electric vehicle for the purpose of power transfer and information exchange.

(Ord. 2022-12-1542 § 7 (part): Ord. 2015-08-1476 § 1 (part))

This chapter applies to the permitting of any small size rooftop residential solar, residential energy storage system, also referred to as ESS, and residential EV charger system within the city. Such systems legally established and permitted prior to the effective date of this chapter, unless physically modified, altered, or disconnected and removed during maintenance, repairs, or reroofing projects shall be allowed to continue under their previous approvals. Routine maintenance, repairs, of like for like replacement of parts with no structural alterations by qualified individuals shall not require a permit.

(Ord. 2022-12-1542 § 7 (part): Ord. 2015-08-1476 § 1 (part))

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city and the State of California.

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. 2015-08-1476 § 1 (part))

A. All documents required for the submission of an expedited permit for such systems shall be made available on the city's publicly accessible website.

B. Electronic submittal of the required permit application and documents via email, the city's website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D. The Building and Safety 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.

E. The standard plans and checklists shall comply with the most recent version of California law for these systems as adopted by the Governor's Office of Planning and Research.

F. All fees prescribed for the permitting of these systems shall comply the most recent version of California law.

(Ord. 2022-12-1542 § 7 (part): Ord. 2015-08-1476 § 1 (part))

A. An application for any small size rooftop residential solar, residential energy storage system, also referred to as ESS, and residential EV charger system that meets the requirements of the approved standard plans and checklist of the city shall be issued a building permit or other non-discretionary permit the same day for over the counter or within three business days for electronic submissions with a complete application that meets all the standard plans and checklist requirements. The Building and Safety Division may require an applicant to apply for a use permit, if based on substantial evidence the Director finds, that the system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.

B. Review of the application shall be limited to the Building and Safety Division review of whether the applicant meets local, state and federal health and safety requirements.

C. If a use permit is required, the Building and Safety Division may deny an application for the use permit if the official makes written findings based upon substantive 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 the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the Planning Commission.

D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

E. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by the city on another similarly situated application in a prior successful application for a similar permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code Section 714(d)(1)(A)-(B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

F. Approval of an application shall not be conditioned on the approval of an association.

G. If an application for a small residential rooftop solar energy system 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 permitting shall be sent to the applicant for resubmission.

H. Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.

I. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request.

J. Should a system fail its first inspection, a subsequent inspection is required but shall not need to comply with the expedited procedures of this chapter.

(Ord. 2022-12-1542 § 7 (part): Ord. 2015-08-1476 § 1 (part))

The applicant or any aggrieved party may appeal to the Planning Commission a decision of the Director to deny or conditionally approve any application to install a solar energy system by filing an appeal in writing with the Director within ten calendar days following the date of written notification to the applicant of the Director’s decision. If a timely appeal is not filed, the Director’s decision shall be final. The Planning Commission shall hear the matter at their next regularly scheduled meeting at which the matter can be heard; appeals must be submitted a minimum of twenty-one business days prior to the next regularly scheduled meeting. The Planning Commission may sustain, modify, or overrule the decision of the Director. The determination of the Planning Commission shall be final unless an appeal to the City Council is timely filed.

(Ord. 2022-12-1542 § 7 (part): Ord. 2015-08-1476 § 1 (part))