Berkeley Municipal Code Ch. 19.14 Small Residential Rooftop Solar Energy System Review Process

The purpose of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with Government Code Section 65850.5, to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Chapter encourages the use of solar systems by establishing prescriptive guidelines, minimizing costs to property owners and the City of Berkeley, and expanding the ability of property owners to install solar energy systems. (Ord. 7415-NS § 1 (part), 2015)

For purposes of this Chapter, the terms "solar energy system", "small residential rooftop solar energy system", and "electronic submittal" shall have the same meaning as set forth in Government Code Section 65850.5. (Ord. 7415-NS § 1 (part), 2015)

A. The City’s Building and Safety Division shall develop a checklist of all requirements which small residential rooftop solar energy systems shall comply with to be eligible for expedited review.

B. The small residential rooftop solar system permit process 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.

C. All documents required for the submission of an expedited solar energy system application shall be made available on the City’s website.

D. Electronic submittal of the required permit application and documents shall be made available to all applicants for small residential rooftop solar energy system permits.

E. In the case of electronic submittal, an applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. For purposes of this Section, the City will accept as an electronic signature an electronic copy, such as a facsimile image or an electronic image (such as a PDF), of an applicant’s written signature. (Ord. 7415-NS § 1 (part), 2015)

A. For walk-in applications the building official shall perform a plan review and issue all required permits over-the-counter or within 1 business day. For electronic submittals the building official shall perform a plan review and issue all required permits within 1--3 business days. Upon receipt of an incomplete application, the building official shall issue a written correction notice within the same time frames, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

B. Review of an application shall be limited to the building official’s review of whether the application meets the checklist and California Building Standards Code requirements. However, if the building official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the applicant may be required to apply for a use permit.

C. In the case that a use permit to install a solar energy system is required, its application may not be denied unless written findings are made based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

D. In most cases only one consolidated inspection shall be required and shall be performed, in a timely manner, for small residential rooftop solar energy systems eligible for expedited review. If a small residential rooftop solar energy system fails an inspection, subsequent inspection(s) shall be authorized but need not conform to the requirements of this Chapter.

E. The building official shall not condition approval for any solar energy system on the approval of a solar energy system by an association, as that term is defined in Section 4080 of the Civil Code. (Ord. 7415-NS § 1 (part), 2015)

If any section, subsection, phrase, or clause of this Chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. (Ord. 7415-NS § 1 (part), 2015)