Mountain View Municipal Code Div. 4 Permit Procedures for Small Residential Rooftop Sollar Energy Systems

The purpose of this Division is to establish an expedited permitting process for small residential rooftop solar energy systems that complies with Civil Code Section 714 and Government Code Section 65850.5 (AB 2188, 2014).

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

This Division applies to the streamlined permitting of small residential rooftop solar energy systems in the city.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

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

"Electronic submittal" means the utilization of an online permit program or email.

"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (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 by the city and (paragraph (iii) of subdivision (c) of Section 714 of the California Civil Code, as such section or subdivision may be amended, renumbered or redesignated from time to time);

3. A solar energy system that is installed on a single-family or duplex dwelling; and

4. A solar panel or module array that does not exceed the maximum legal building height as set forth in the City Code Sec. 36.10.25 or Sec. 36.10.50.

"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of California Civil Code Sec. 801.5, as such section or subdivision may be amended, renumbered or redesignated 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. No. 9.2025, § 6(Exh. B), 9/9/25.)

a. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and city.

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 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 and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

d. The installation of equipment and all associated wiring and interconnections shall be performed only by qualified persons as defined by the applicable California Code.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

a. The chief building official, or designee, shall develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system permit process, standard plans and checklist shall substantially conform to recommendations for expedited permitting 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 required for the submission of an expedited solar energy system application shall be published on the city's website.

c. The applicant must submit the permit application and associated documentation to the building division of the community development department by electronic submittal, together with any required fees.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

Permit fees shall be set forth in the city's master fee schedule as adopted by the city council.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)

a. An application that satisfies the information requirements in the checklist shall be deemed complete by the chief building official, or their designee. Upon receipt of an incomplete application, the chief building official, or their designee, shall provide a written response detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

b. Upon confirmation of the application being complete and meeting the requirements of the applicable codes, the application shall be approved and issuance of all required permits or authorizations within three (3) business days of receipt of a complete application submission pursuant to this Division.

c. The city's review of the application shall be limited to whether the application meets local, state and federal health and safety requirements. 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.

d. The city shall not condition approval of an application on the approval of an owners association as defined in California Civil Code Section 4080.

e. For a small residential rooftop solar energy system eligible for expedited review, only one (1) building inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the chief building official and fire chief, or their designees. If a small residential rooftop solar energy system fails inspection, a subsequent building inspection shall be performed; however, the subsequent inspection need not conform to the requirements of this Section.

f. The chief building official may deny an application for a permit if they make 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, 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 city council.

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

h. "A 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. The city 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 section 714 of the California Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(Ord. No. 9.2025, § 6(Exh. B), 9/9/25.)