§ 16.04.090. Small residential rooftop solar energy systems.
(a)
APPLICABILITY. This section applies to the permitting of all small residential rooftop solar energy systems, as defined herein, in the city.
(b)
DEFINITIONS. The following words and phrases as used in this section are defined as follows:
(1)
"Electronic submittal" means the utilization of one or more of the following: e-mail; the internet; and/or facsimile.
(2)
"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 and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesigned from time to time.
(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 authority having jurisdiction.
(3)
"Solar energy system" has the same meaning set forth in paragraphs 1 and 2 of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
(c)
SOLAR ENERGY SYSTEM REQUIREMENTS.
(1)
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state of California and of the Los Angeles County Fire Department.
(2)
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.
(3)
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.
(d)
DUTIES OF THE BUILDING DIVISION AND BUILDING OFFICIAL.
(1)
On or before September 30, 2015, the building official shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.
(2)
All documents required for the submission of an expedited small residential rooftop solar energy system shall be made available to the public on the city of Duarte website.
(3)
An applicant's electronic signature shall be accepted on all forms, applications and other documents, in-lieu of a wet signature. However, because the city's ability to accept electronic signatures on forms, applications and other permit documents is still under development, the city can only accept electronic signatures that are sent via email or fax.
(4)
A checklist shall be prepared by the building official of all requirements with which a small residential rooftop solar energy system shall comply to be eligible for expedited review.
(5)
The small residential rooftop solar energy system permit process and checklist shall substantially conform to recommendations for expedited permitting, including the checklist, contained in the most current version of the California Solar Permitting Guidebook. The city may modify the checklist and standards found in the California Solar Permitting Guidebook due to unique climactic, geological, seismological, or topographical conditions.
(6)
The fees prescribed for the permitting of small residential rooftop solar energy systems shall be established from time to time by resolution of the city council and shall be in compliance with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
(e)
PERMIT REVIEW AND INSPECTION REQUIREMENTS.
(1)
The applicant may submit the permit application and associated documentation to the city's building division by person, mail, or electronic submittal together with any required permit process and inspection fees.
(2)
The city of Duarte Building Division shall implement an administrative, non-discretionary review process to expedite approval of small residential rooftop solar energy systems. The building division shall issue a permit(s) after receipt of a complete application that meets the requirements of the checklist and the payment of applicable permit fees, either through mail, phone or in-person. The city cannot currently process electronic (online) payments. Upon receipt of an incomplete application, the building division shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(3)
An approval of the application and/or issuance of the permit(s) 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.
(4)
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.
(5)
For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.
(6)
The building official may require an applicant to apply for a use permit if the official 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 the planning commission. If a use permit is required, the building official 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, 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 planning commission.
(7)
Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(8)
"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 permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets 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.
(Ord. No. 860 , § 1, 10-13-2015)