Chapter 15.78 — EXPEDITED STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP…

The purpose of this chapter is to adopt an expedited, streamlined solar permitting process for small residential rooftop solar energy systems that complies with the Solar Rights Act and AB 2188, as codified in Government Code Section 65850.5. (Ord. 808-15 § 4, 2015)

For the purpose of this chapter, the following terms shall have the following definitions:

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

"Common interest development" means any of the following:

• A.

  • A community apartment project.

• B.

  • A condominium project.

• C.

  • A planned development.

• D.

• A stock cooperative.

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

• A. Email;

• B. The Internet;

• C. Facsimile.

"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.

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

• A. 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.

• B. 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.

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

• A. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

• B. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of Union City and all State and City of Union City health and safety standards, as applicable.

• C.

  • A solar energy system that is installed on a single or duplex family dwelling.

• D. A solar panel or module array that does not exceed the maximum legal building height as defined by the City of Union City.

"Solar energy system" means either of the following:

• A. 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.

• B. 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 heating.

• (Ord. 808-15 § 4, 2015)

• A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the City.

• B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

• (Ord. 808-15 § 4, 2015)

• A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City.

• 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 Codes.

• 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. 808-15 § 4, 2015)

• A. The City shall adopt the most current version of the California Solar Permitting Guidebook

adopted by the Governor's Office of Planning and Research for use as a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

• B. The California Solar Permitting Guidebook , which contains a checklist of all requirements for small rooftop solar energy systems eligible for expedited review, shall be made available on the publicly accessible City of Union City website.

• C. The applicant of a small residential rooftop solar energy system may submit the permit application and associated documentation to the City's Building Division in person, by mail, or electronic submittal together with any required permit processing and inspection fees.

• D. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature, to the extent required by State law.

• (Ord. 808-15 § 4, 2015)

Prior to submitting an application, the applicant shall:

• A. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

• B. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

• (Ord. 808-15 § 4, 2015)

• A. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the California Solar Permitting Guidebook checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations.

• B. Review of the application shall be limited to the Building Official's review of whether the application meets local, State, and Federal health and safety requirements.

• C. Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

• D. The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

• E. 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.

• F. Only one inspection shall be required and performed by the Building Official for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections.

• G. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

• (Ord. 808-15 § 4, 2015)

Fees shall be assessed as set forth in the fee schedule adopted by the City. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with California Government Code Section 65850.55, California Government Code Section 66015, California Government Code Section 66016, and California Health and Safety Code Section 17951. (Ord. 808-15 § 4, 2015)