Woodside Municipal Code § 150.34 Submittal requirements

The purpose of this subchapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This subchapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the Town of Woodside, and expanding the ability of property owners to install solar energy systems. This subchapter allows the Town of Woodside to achieve these goals while protecting the public health and safety.

(Ord. 2015-568, effective 10-8-15)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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

COMMON INTEREST DEVELOPMENT. Any of the following:

(1) A community apartment project;

(2) A condominium project;

(3) A planned development; or

(4) A stock cooperative.

ELECTRONIC SUBMITTAL. The utilization of one or more of the following:

(1) Email; or

(2) The internet.

REASONABLE RESTRICTIONS ON A SOLAR ENERGY SYSTEM. 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.

(1) For water heater systems or solar swimming pool heating systems: an amount not exceeding ten percent of the cost of the system, and in no case more than $1,000.00, 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 $1,000.00 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. 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 Town of Woodside, and all state and Town of Woodside municipal codes.

(3) A solar energy system that is installed on a single-family or duplex family dwelling.

(4) A solar panel or module array that does not exceed the maximum legal building height as defined by the Town of Woodside.

SOLAR ENERGY SYSTEM. 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 heating.

SPECIFIC, ADVERSE IMPACT. 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. 2015-568, effective 10-8-15)

This subchapter applies to the permitting of all small residential rooftop solar energy systems in the Town of Woodside. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this subchapter are not subject to the requirements of this subchapter 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. 2015-568, effective 10-8-15)

(A) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the Town and the Woodside Fire Protection District.

(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 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. 2015-568, effective 10-8-15)

(A) All documents required for the submission of an expedited solar energy system application shall be made available on the Town website.

(B) Electronic submittal of the required permit application and associated documents for small, residential rooftop solar energy system permits shall be made by email or the internet. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours.

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

(D) The Town shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review.

(E) The small residential rooftop solar 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.

(F) All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Cal. Gov't Code § 65850.55, Cal. Gov't Code § 66015, Cal. Gov't Code § 66016, and Cal. Health and Safety Code § 17951.

(Ord. 2015-568, effective 10-8-15)

(A) The Building Division shall process, review, and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property.

(B) 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.

(C) If an application for the installation of a solar system is not denied in writing within 45 days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.

(D) The Town Planning Division may require an applicant to apply for a use permit if the Planning Division finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to Town Planning Commission.

(E) Review of the permit application shall be limited to the Building Division's review of whether the application meets local, state, and federal health and safety requirements. If a use permit is required, the building official may deny an application for the use permit if the building 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, as defined, the 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 Town Planning Commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(F) 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 Town on another similarly situated application in a prior successful application for a permit. The Town shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Cal. Civil Code § 714(d)(1)(A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(G) The Town shall not provide conditional approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Cal. Civil Code § 4080.

(H) Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if is found that the installation does not conform to the approved plans and/or comply with the current California Code requirements then additional, follow-up inspection(s) shall be required.

(I) If a small residential rooftop solar energy system fails inspection, a subsequent inspection shall be required but need not conform to the requirements of this subchapter.

(J) If a small residential rooftop solar energy system fails inspection two times, a re-inspection fee will be charged in accordance with the applicable fee indicated on the Town's Schedule of Fees and Charges.

(K) A separate fire inspection is required and will be performed by the Woodside Fire Protection District.

(L) The inspection shall be done within three business days and may include consolidated inspections.

(Ord. 2015-568, effective 10-8-15)