La Verne City Zoning Code
CHAPTER 18
106 SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS
§ 18.106.010 Intent and purpose.
The intent and purpose of this chapter is to establish an expedited, streamlined solar permitting process to facilitate timely and cost-effective installations of small residential rooftop solar energy systems. This chapter is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems, all while protecting the public health and safety.
(Ord. 1060 § 2, 2015)
§ 18.106.020 Definitions.
means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
means the Building and Safety Division of the City of La Verne.
means the building official for the city of La Verne.
means the city of La Verne.
means any of the following:
means the utilization of one or more of the following: email, the Internet, or facsimile.
refers to an organized permitting process by which a majority of small, residential-sized photovoltaic (PV) systems under ten KW-DC may be permitted quickly and easily.
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 similar permit.
means all of the following:
A solar energy system that is not larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.
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 all state health and safety standards.
A solar energy system that is installed on a single-or duplex-family dwelling.
A solar panel or module array that does not exceed the maximum legal building height established by the city for that zone.
means either of the following:
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.
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, space cooling, or water heating.
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. 1060 § 2, 2015)
§ 18.106.030 Applicability.
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 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 such system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. All other, non-small residential rooftop solar energy systems, including ground-mounted, multi-family, commercial, industrial, and institutional systems, shall be subject to the precise plan review process as stated in Chapter 18.16 of this code.
(Ord. 1060 § 2, 2015)
§ 18.106.040 Solar energy system requirements.
A.
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city and the state of California.
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 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. 1060 § 2, 2015)
§ 18.106.050 Duties of building department and building official.
A.
All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the city's publicly accessible website.
B.
Electronic submittal of the required permit application and documents via email, the city's website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.
C.
An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
D.
The building department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review.
E.
The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
(Ord. 1060 § 2, 2015)
§ 18.106.060 Expedited permit review and inspection requirements.
A.
The community development department shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within thirty days of adoption of the ordinance codified in this chapter. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the building official shall issue a building permit or other non-discretionary permit within three business days. The building official may require an applicant to apply for a conditional 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 within ten calendar days following the date of the decision in accordance with Chapter 18.16.140 of this code.
B.
Review of the application shall be limited to the building official's review of whether the system proposed by the applicant meets local, state and federal health and safety requirements.
C.
If a rooftop solar energy system permit is required, the building official may deny an application for the permit if the official makes written findings based upon substantive evidence 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 the specific, adverse impact. Such findings shall include the basis for the rejection of any potential feasible alternatives for preventing the adverse impact. A denial may be appealed to the planning commission within ten calendar days following the date of the denial decision.
D.
Any condition imposed on a small residential rooftop solar energy system shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost and without significantly increasing the cost of the system or significantly decreasing its efficiency or specified performance. For purposes of this subsection, "significantly" shall mean the same as defined in Civil Code Section 714(d)(1)(A) and (B).
E.
If an application for a small residential rooftop solar energy system 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 permitting shall be sent to the applicant for resubmission.
F.
Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be scheduled within two business days of a request, 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 section.
(Ord. 1060 § 2, 2015)