Chapter 15.18 — SOLAR SYSTEMS

The purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The provisions of this chapter encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. The provisions of this chapter further allow the City to achieve these goals while protecting the public’s health and safety. (Ord. 2015-23 § 1 (part), 2015)

A. This chapter applies to the permitting of all 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 of this chapter 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 as to require new permitting.
Routine operation and maintenance or like-kind replacements shall not require a permit.
(Ord. 2015-23 § 1 (part), 2015)

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

B. “Electronic submittal” means the utilization of one or more of the following:

1. Email;

2. The Internet; or

3. Facsimile.

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

1. A community apartment project;

2. A condominium project;

3. A planned development; or

4. A stock cooperative.

D. “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.

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City of Newport Beach, CA § 15.18.030 BUILDINGS AND CONSTRUCTION § 15.18.040

E. “Restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance” means:

1. For water heater systems or solar swimming pool heating systems: an amount
exceeding ten (10) percent of the cost of the system, but in no case more than one
thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system
by an amount exceeding ten (10) percent, as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00)
over the system cost as originally specified and proposed, or a decrease in system
efficiency of an amount exceeding ten (10) percent as originally specified and
proposed.

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

1. A solar energy system that is no larger than ten (10) kilowatts (kW) alternating current
nameplate rating or thirty (30) kilowatts (kW) 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 all State and City
and County health and safety standards.

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
as defined by the City.

G. “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, electric 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. H. “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. 2015-23 § 1 (part), 2015)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the California Fire Code, as adopted and amended by the 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 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 accredited testing laboratories such as

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City of Newport Beach, CA § 15.18.040 NEWPORT BEACH CODE § 15.18.070

Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. 2015-23 § 1 (part), 2015)

It is prohibited to use electrical metallic tubing (EMT) in exposed exterior locations. (Ord. 2015-23 § 1 (part), 2015)

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

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

D. The City shall adopt a standard plan and checklist of all requirements with which small
residential rooftop solar energy systems shall comply to be eligible for expedited review.

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 California Government Code Sections 65850.55, 66015, and 66016 and
California Health and Safety Code Section 17951.
(Ord. 2015-23 § 1 (part), 2015; Ord. 2023-22 § 724, 2023)

A. The Building Division shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The Chief 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. Such decisions may be appealed to the City Building and Fire Board of Appeals.

B. Review of the application shall be limited to the Chief Building Official’s review of
whether the application meets local, State, and Federal health and safety requirements and
the City Fire Code Official’s review for compliance with the California Fire Code.

C. If a use permit is required, the Chief Building Official may deny an application for the use
permit if the Chief Building Official 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

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City of Newport Beach, CA § 15.18.070 BUILDINGS AND CONSTRUCTION § 15.18.070

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 Building and Fire Board of Appeals.

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. “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 California Civil Code Section 714(d)(1)(A) and (B),
defining restrictions that do not significantly increase the cost of the system or decrease its
efficiency or specified performance.

F. The City shall not condition approval of an application on the approval of an association,
as defined in California Civil Code Section 4080.

G. 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.

H. Only one inspection shall be required and performed by the Building Division for small
residential rooftop solar energy systems eligible for expedited review.

I. The inspection shall be done in a timely manner and should include consolidated
inspections. An inspection will be scheduled within two business days of a request and
provide an eight-hour inspection window.

J. If a small residential rooftop solar energy system fails inspection, a subsequent inspection
is authorized but need not conform to the requirements of this chapter.
(Ord. 2015-23 § 1 (part), 2015; Ord. 2023-22 § 725, 2023)

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City of Newport Beach, CA