Mill Valley Municipal Code Ch. 14.52 Solar Energy Systems

A. This chapter applies to the issuance of building permits for small residential rooftop solar energy systems in the City consistent with California Government Code Section 65850.5.

B. 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 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 shall not require a permit.

(Ord. 1363, 12/8/2025)

For the purposes of this chapter, the following definitions apply:

"Electronic submittal"

means the submission of an application utilizing facsimile transmission, e-mail or any submittal via the internet.

"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 and that is consistent with the requirements of the conditions of Civil Code Sections 714(d)(1)(A) and (B).

"Small residential rooftop solar energy system"

has the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5, as the same may be amended from time to time.

"Solar energy system"

has the same meaning as set forth in Civil Code Section 801.5, as that section may be amended from time to time.

"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.

(Ord. 1363, 12/8/2025)

A. All solar energy systems shall meet applicable health and safety requirements imposed by the state, the City, the local utility provider's electricity grid and the Southern Marin Fire District.

B. Solar energy systems for heating water in single- and duplex-family dwelling units and swimming pools shall be certified by an accredited listing agency as defined by the California Plumbing Code and Mechanical Codes.

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. 1363, 12/8/2025)

A. The Building Official or designee shall adopt a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for a business permit, which shall substantially conform to the recommendations for expedited permitting, 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 permitting documentation required for a small residential rooftop solar energy system permit application shall be made available on the publicly accessible City website.

(Ord. 1363, 12/8/2025)

A. Applications for an expedited building permit for the installation, alteration, or replacement of a small rooftop solar energy system shall be in writing and contain the information set forth in the application checklist.

B. An application for an expedited building permit for a small rooftop solar energy system, and all associated documentation, shall be submitted to the Building Official by electronic submittal.

C. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(Ord. 1363, 12/8/2025)

Anyone seeking to install a small rooftop solar energy system within the City may apply to the Building Official for an expedited nondiscretionary building permit. When a completed application is received which meets all the requirements of the application checklist, the Building Department shall review and approve for permit issuance the application for a rooftop solar energy system in a timely manner as follows:

A. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete.

B. Upon receipt of an incomplete application, the 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.

C. Upon confirmation by the Building Official that an application is complete, the Building Official shall review the application. Review of the application shall be limited to the Building Official's review of whether the application meets local, state, and federal health and safety requirements and would not have a specific, adverse impact. Design Review is not required for small residential rooftop solar applications.

D. If the Building Official determines that the proposed small rooftop solar system meets all health and safety requirements of local, state and federal law and would not have a specific adverse impact upon public health or safety, the Building Official shall administratively approve the application within one to three business days.

(Ord. 1363, 12/8/2025)

A. The Building Official may require an applicant to apply for a small residential rooftop solar permit if the Building Official makes written findings, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety.

B. The applicant shall submit an application for a small residential rooftop solar permit, including any required documentation, as determined by the Building Official, regarding feasible methods to satisfactorily mitigate or avoid the specific, adverse impact.

C. The Building Official shall not deny an application for a small residential rooftop solar permit unless the Building Official makes written findings, based on 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 the specific, adverse impact. Such written findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact.

(Ord. 1363, 12/8/2025)

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

(Ord. 1363, 12/8/2025)

The approval of a permit for a solar energy system shall not be conditioned on the approval of an association, as defined in Civil Code Section 4080.

(Ord. 1363, 12/8/2025)

The Building Official's decision on a building permit or a small residential rooftop solar permit may be appealed to the City Council in accordance with Chapter 20.100. The City Council's review shall be subject to the same limitations as that of the Building Official, and only health and safety issues may be considered.

(Ord. 1363, 12/8/2025)

A. Inspection requests may be made by electronic submittal, as required by the Building Official.

B. The inspection shall be done in a timely manner and may include consolidation inspections if possible.

C. If a small residential rooftop solar energy system fails inspection, a subsequent inspection shall be scheduled.

(Ord. 1363, 12/8/2025)