§ 15.33

Wherever the provisions of this Chapter conflict with each other or with the provisions of other associated codes, regulations, or ordinances, the more restrictive provision or standard shall control.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

Where any section, subsection, sentence, clause, phrase, or other part of this Chapter and the referenced law recited herein are amended subsequently, all provisions of the original recitation not so specifically amended shall remain in full force and effect and all amended provisions shall be considered as added thereto.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

Article III - Solar Energy System Requirements

The purpose of the 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 chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Oakland, and facilitating the ability of property owners to install solar energy systems. The chapter allows the City of Oakland to achieve these goals while protecting the public health and safety.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

This chapter applies to the permitting of all small residential rooftop solar energy systems in the City of Oakland. 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.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

A.

All solar energy systems shall meet applicable health and safety standards and requirements imposed by state and local law, consistent with Section 65850.5 of the Government Code, as well as Pacific Gas & Electric requirements for all grid-connected systems.

B.

Solar energy systems for heating water in single-family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.

C.

Solar energy systems for producing electricity shall also 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.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

15.33.080 - Duties of City of Oakland and Building Official.

A.

The City of Oakland Bureau of Building in the Department of Planning and Building (Bureau of Building) 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.

B.

The permit application and a list of all documents required for the submission of an expedited solar energy system application shall be made available on the Bureau of Building section of the City of Oakland Website.

C.

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

D.

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

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.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

15.33.090 - Permit review and inspection requirements.

A.

The City of Oakland Bureau of Building shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 90 days of the adoption of this Chapter. The Bureau of Building shall approve the application and issue a building permit or other nondiscretionary permit on 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. If an application is deemed incomplete, the City shall issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance.

1.

Review of the application shall be limited to the building official's review of whether the application meets all health and safety requirements of local, state, and federal law. 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 or safety, the building official may require an applicant to apply for a use permit.

2.

The building official may not deny an application for a use permit to install a solar energy system unless he or she 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 avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact.

B.

Any conditions imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. Furthermore, the City shall not condition approval of an application on the approval of an association.

C.

If an inspection is required, only one inspection shall be required and performed by the Bureau of Building for small residential rooftop solar energy systems eligible for expedited review. Inspections for permit requirements of the Uniform Fire Code Section 105.7 shall be performed by the Bureau of Building as part of this inspection.

D.

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. If a small residential rooftop solar energy system fails inspection, subsequent inspections deemed necessary by the City are authorized, however the subsequent inspection need not conform to the requirements of this Section.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

The decision of the building official pursuant to Subsections 15.33.090(A)(1)-(2) may be appealed to a Hearing Examiner in accordance with Section 15.040.025 of the Oakland Municipal Code.

(Ord. No. 13332, § 2(Exh. A), 10-20-2015)

Chapter 15.34 - CONSTRUCTION AND DEMOLITION DEBRIS COLLECTION, TRANSPORTATION, WASTE REDUCTION AND RECYCLING REQUIREMENTS[[6]]

Footnotes:

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Editor's note— Ord. No. 13315, § 1, adopted June 22, 2015, amended Chapter 15.34 in its entirety to read as herein set out. Formerly, Chapter 15.34, §§ 15.34.010—15.34.090, pertained to construction and demolition debris waste reduction and recycling requirements, and derived from Ord. No. 12253, § 1, adopted in 2000.