Larkspur Municipal Code Ch. 15.53 Small Residential Rooftop Solar Energy Systems

The purpose of this chapter is to establish an expedited, streamlined permitting process for small residential rooftop solar energy systems. (Ord. 1008 § 1, 2015)

The following words and phrases as used in this chapter are defined as follows:

“Electronic submittal” means the utilization of one (1) or more of the following:

E-mail;

The Internet;

Facsimile.

“Small residential rooftop solar energy system” means a solar energy system that meets all of the following criteria:

Is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

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 redesignated from time to time.

Is installed on a single or duplex family dwelling.

Contains a solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

“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. (Ord. 1008 § 1, 2015)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the City, and the local fire 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 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 recognized testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 1008 § 1, 2015)

A. The City shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review within thirty (30) days of the adoption of the ordinance codified in this chapter. The Chief Building Official is hereby authorized and directed to develop and adopt such checklist. The small residential rooftop solar system permit process and checklists 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.

B. The checklist, and all documents necessary for submission of an application, shall be published on the City’s website. An applicant may submit the permit application and associated documentation to the City’s Building Department in person, by mail, or by electronic submittal. Payment of all required permit processing and inspection fees is not required at the time of application submittal, but is required, in the manner prescribed by City, prior to the scheduling of an inspection. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

C. Prior to submitting an application, the applicant shall:

1. 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

2. 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.

D. An application that satisfies the information requirements in the checklist, as determined by the Chief Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Chief Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

E. Upon confirmation by the Chief Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Chief Building Official shall administratively approve the application and issue all required permits or authorizations. To the extent possible, the Chief Building Official shall issue a building permit or other nondiscretionary permit within three (3) business days upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. Such approval 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.

F. The Chief Building Official may require an applicant to apply for a use permit if the Chief Building Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. If a use permit is required, the Chief Building Official may deny an application only if the Chief Building Official makes written findings based upon substantial 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. Terms in this section not defined in this chapter shall have the same meaning as such terms in Government Code Section 65850.5.

G. Only one (1) inspection shall be required and performed by the Building Division for a small residential rooftop solar energy system eligible for expedited review. The Fire Department may require a separate inspection. The City’s inspection shall be done in a timely manner and may include a consolidated inspection by the Chief Building Official. To the extent possible, an inspection will be scheduled within five (5) business days of a request and provide a two-hour inspection window. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized and need not conform to the requirements of this subsection.

H. No approval by a homeowner’s association, as that term is defined in Section 4080 of the Civil Code, shall be required for construction of a small residential rooftop solar energy system. (Ord. 1069 § 5, 2023; Ord. 1008 § 1, 2015)