Siskiyou County Municipal Code Ch. 3 Small Residential Rooftop Solar Systems

The intent of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act, amended by Assembly Bill 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems, while protecting public health and safety.

(Ord. No. 15-11, § I, 9-1-2015)

(a) The phrase "A Feasible Method to Satisfactorily Mitigate or Avoid the Specific, Adverse Impact" shall have the meaning assigned to it by California Government Code section 65850.5 as it may be amended from time to time.

(b) "Electronic Submittal" shall have the meaning assigned to it by California Government Code section 65850.5 as it may be amended from time to time.

(c) "Solar Energy System" shall have the meaning assigned to it by California Government Code section 65850.5 as it may be amended from time to time.

(d) "Small Residential Rooftop Solar Energy System" shall have the meaning assigned to it by California Government Code section 65850.5 as it may be amended from time to time.

(e) "Specific, Adverse Impact" shall have the meaning assigned to it by California Government Code section 65850.5 as it may be amended from time to time.

(Ord. No. 15-11, § I, 9-1-2015)

This ordinance shall apply to the permitting of all small residential rooftop solar energy systems in the unincorporated area of the County. This ordinance shall not apply to the permitting of any other solar energy systems.

(Ord. No. 15-11, § I, 9-1-2015)

All small residential rooftop solar energy systems shall comply with the applicable standards and requirements for solar energy systems set forth in this Code.

(Ord. No. 15-11, § I, 9-1-2015)

(a) The Building Official is hereby authorized and directed to develop and adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The checklist, along with all permitting documents required for a small residential rooftop solar energy system shall be published on the County's internet website.

(b) The small residential rooftop solar system permit process, standard plan(s), and checklist(s), used by the Building Official shall 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.

(c) The Building Official may modify the checklists and standard plans found in the California Solar Permitting Guidebook due to unique climatic, geological, seismological, or topographical conditions.

(Ord. No. 15-11, § I, 9-1-2015)

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 section 16.5 and California Code of Regulations, Title 2, section 22000 et seq.

(Ord. No. 15-11, § I, 9-1-2015)

(a) An application that satisfies the information requirements in the checklist, as determined by the Building Official shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and additional information required to be eligible for expedited permit issuance.

(b) 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. 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. Staff's approval of an application shall not be based or conditioned on the approval of an association, as defined in Civil Code section 4080.

(c) The Building Official may require an applicant to apply for an administrative use permit, 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.

(1) If a use permit is required, the County shall limit any conditions of approval to those that are necessary to mitigate specific, adverse public health and safety impacts at the lowest possible cost, and to the maximum extent feasible the County shall ensure that any conditions imposed do not decrease the efficiency of the small residential rooftop solar energy system by more than 10% and/or increase the cost of the system: (1) by more than ten (10) percent, but no more than One Thousand and no/100ths ($1,000.00) Dollars, over the original cost for solar domestic water heating or solar swimming pool heating systems that comply with federal and state law; or (2) by more than One Thousand and no/100ths ($1,000.00) Dollars over the original system cost for photovoltaic systems that comply with federal and state law.

(2) The County shall approve an application for a use permit unless the County makes written findings based on 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.

(d) An applicant may appeal the decision of the Building Official made pursuant to subsection (c), or its subsections, to the Planning Commission. An appeal shall be filed within ten (10) days of the date of the decision that is the subject of the appeal.

(Ord. No. 15-11, § I, 9-1-2015)

(a) One inspection shall be required and performed by staff for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner. 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.

(b) A separate fire inspection may be performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority.

(Ord. No. 15-11, § I, 9-1-2015)