Belvedere Municipal Code Ch. 16.32 Small Residential Rooftop Solar Systems

SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS

Sections:

16.32.010 Definitions.

• 16.32.020 Applicability.

• 16.32.030 Solar Energy System Requirements.

• 16.32.040 Duties of City Building Department and Building Official.

• 16.32.050 Permit Review and Inspection Requirements.

For purposes of this Chapter, the following definitions apply:

• 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, electrical 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.

• B. “Small residential rooftop solar energy system” means all of the following:

  1. A solar energy system that is no larger than 10 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 from time to time by the City and State.

  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 per Belvedere Municipal Code.

• C. “Electronic submittal” means the utilization of electronic e-mail or any submittal via the internet.

• D. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

• E. “Common interest development” means any of the following:

  1. A community apartment project.

  2. A condominium project.

  3. A planned development.

4. A stock cooperative.

F. “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.

G. “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. (Ord. 2020-05 § 1, 2020; Ord. 2015-4 § 2, 2015.)

A. This Chapter applies to the issuance of building permits for 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 this Chapter are not subject to the requirements herein 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 to require new permitting. Routine operation and maintenance, or like-kind replacements, shall not require a permit. (Ord. 2020-05 § 1, 2020; Ord. 2015-4 § 2, 2015.)

A. All solar energy systems shall meet applicable health and safety requirements imposed by the State and the Tiburon Fire Protection District.

B. Solar energy systems for heating water in single-family residences and 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 Engineers, and accredited testing laboratories such as Underwriters Laboratories, and where applicable, the rules of the Public Utilities Commission regarding safety and reliability. (Ord. 2020-05 § 1, 2020; Ord. 2015-4 § 2, 2015.)

A. All documents required for the submission of an expedited solar energy system shall be made available on the publicly accessible City Website.

B. Electronic submittal of the permit application and required documents by email, or other electronic submittal, 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 and applications in lieu of a wet signature.

• D. The City’s Building Department shall adopt a standard plan and checklist of all requirements which small residential rooftop solar energy systems shall comply to be eligible for expedited review under this Chapter.

E. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) 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 systems must comply with Government Code sections 65850.55, 66015, 66016, and Health and Safety Code section 17951. (Ord. 2020-05 § 1, 2020; Ord. 2015-4 § 2, 2015.)

A. The City’s Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications, or for electronic applications, within one to three business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan. Review of the application shall be limited to the Building Official’s verification that the application meets local, State, and Federal health and safety requirements. 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

B. Applicants may appeal decisions to the City Planning Commission. Review shall be limited to whether the application meets local, State, and Federal health and safety requirements.

C. If a use permit is required, the Building Official may deny an application for the use permit if the he/she 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 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 City Planning Commission.

D. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

E. The Building Department 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 Civil Code section 714 defining restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance.

The Building Department shall not condition approval of an application on the approval of an association, as defined in Civil Code section 4080.

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 Department 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. An inspection will be scheduled within one business day of a request and provide a two-hour inspection window.

H. 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. 2020-05 § 1, 2020; Ord. 2015-4 § 2, 2015.)