Article XXIV — SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS

SEC. 14-80. PURPOSE AND INTENT.

The purpose of this article is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This article encourages 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. This article allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 2892)

SEC. 14-81. DEFINITIONS.

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

(A) BUILDING OFFICIAL - As defined in the California Building Code.

(B) ELECTRONIC SUBMITTAL - The utilization of one or more of the following:

(1) E-mail;

(2) The Internet;

(3) Facsimile.

(C) SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM - All of the following:

(1) A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 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 Cal. Civil

Code, Section 714(c)(3) as such section or subdivision may be amended, renumbered, or re-designated from time to time.

(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.

(D) SOLAR ENERGY SYSTEM - Has the same meaning set forth in Cal. Civil Code, Section 801.5(a)(1) and (2) as such section or subdivision may be amended, renumbered, or re-designated from time to time.

(E) SPECIFIC, ADVERSE IMPACT - 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. 2892)

SEC. 14-82. APPLICABILITY.

(A) This article 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 the ordinance codified in this article are not subject to the requirements of this article 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 and cleaning shall not require a permit.

(Ord. No. 2892)

SEC. 14-83. APPLICATIONS AND DOCUMENTS.

(A) The checklist and required permitting documentation for a small residential rooftop solar energy system shall be made available on the publicly accessible city website.

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

(C) 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. This requirement notwithstanding, wet signatures shall be required for engineering calculations and plans in accordance with state law.

(Ord. No. 2892)

SEC. 14-84. DUTIES OF BUILDING OFFICIAL AND DEVELOPMENT SERVICES DEPARTMENT; FEES.

(A) The building official shall develop and adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

(B) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to the 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.

(C) All fees prescribed for the permitting of small residential rooftop solar energy systems shall comply with Cal. Government Code, Section 65850.55, Cal. Government Code, Section 66015, Cal. Government Code, Section 66016, and Cal. Health and Safety Code, Section 17951, as such sections or subdivisions may be amended, renumbered, or re-designated from time to time.

(Ord. No. 2892)

SEC. 14-85. SOLAR ENERGY SYSTEM REQUIREMENTS.

(A) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city and the city's fire department.

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

(Ord. No. 2892)

SEC. 14-86. PERMIT REVIEW AND INSPECTION REQUIREMENTS.

(A) The development services department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this ordinance. The building and engineering services division of the development services department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within five business days for electronic applications of 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 solar 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.

(B) The 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 decision may be appealed to the planning commission within ten days after the date of the building official's decision.

(C) 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.

(D) If a use permit is required, the building official may deny an application for the use permit if the 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 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 within ten days after the date of the building official's decision.

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

(F) "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 Cal. 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.

(G) The city shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code, Section 4080.

(H) 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.

(I) Only one inspection shall be required and performed by the city.

(J) The inspection shall be done in a timely manner and should include consolidated inspections.

(K) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this ordinance. City may charge a re-inspection fee. as established by City Council resolution, if a subsequent inspection is required.

(Ord. No. 2892)