Wasco Municipal Code Ch. 15.36 Expedited Permit Process for Small Residential Rooftop

The purpose of this chapter is to adopt an expedited, streamlined permitting process that complies with the 1978 California Solar Rights Act and AB 2188 (Chapter 521, Statutes of 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar energy systems by removing unreasonable barriers and facilitating the ability of property owners to install solar energy systems while protecting the public health and safety. (Ord. 656 §1, 2015).

A. “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 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.

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 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, all state and city health and safety standards, including paragraph 3 of subdivision (c) of Section 714 of the California Civil Code.

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 city.

C. “City” means the city of Wasco.

D. “Electronic submittal” means the utilization of one or more of the following:

1. Email;

2. The Internet.

E. “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.

F. “Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For solar domestic water heating systems or solar swimming pool heating systems that comply with
state and federal law: 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 that comply with state and federal law: 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.

G. “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. (Ord. 656 §1, 2015).

This chapter applies to the permitting of all small residential rooftop solar energy systems in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of 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 solar energy system in such a way as to require a new permit. Routine operation and maintenance shall not require a permit. (Ord. 656 §1, 2015).

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city, and the Kern County fire department.

B. Solar energy systems for heating water in single-family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing Code and California 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. 656 §1, 2015).

All documents required for the submission of an expedited solar energy system application shall be made available on the city website and elsewhere as deemed appropriate by the building official.

A. An applicant may submit a permit application and associated documents for a small residential rooftop solar energy system by electronic submittal. As an alternative, an applicant may submit a permit application and associated documents at the planning and building department counter during regular business hours.

B. An applicant’s and/or property owner’s electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.

C. The city’s building official shall adopt a checklist of all requirements with which small residential rooftop solar energy systems must comply before any applicant will be eligible for expedited review.

D. The small residential rooftop solar energy system permit process, standard plans, and the checklist shall substantially conform to recommendations for expedited permitting, including the checklist 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. 656 §1, 2015).

The planning and building department shall expedite approval of small residential rooftop solar energy systems as follows:

A. The planning and building department shall issue a nondiscretionary building permit the same day for over- the-counter applications or within one to three days for electronic applications when in receipt of a complete application that meets the requirements of the approved checklist and standard plan.

B. Review of the application shall be limited to the building official’s review of whether the application meets all local, state, and federal health and safety requirements.

C. An application for a small residential rooftop solar energy system that satisfies the information requirements in the checklist described in Section 15.36.050(C), as determined by the city, shall be deemed complete.

D. Any condition imposed on an application shall be designed to be a feasible method to satisfactorily mitigate or avoid any specific adverse impact upon health and safety at the lowest possible cost as described herein.

E. “A feasible method to satisfactorily mitigate or avoid any specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city that is consistent with Section 15.36.020 and the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

F. 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.

G. Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems eligible for expedited review, which inspection shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, and the second inspection need not conform to the requirements of this chapter. (Ord. 656 §1, 2015).