Pomona Municipal Code § 74-295 Intent and purpose

The intent and purpose of this division 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. This chapter is designed to 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. This division allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 4209, § 1, 9-14-2015)

This division applies to the permitting of all small residential rooftop solar energy systems in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this division are not subject to the requirements of this division 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. No. 4209, § 1, 9-14-2015)

(a) Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(b) Building department means the building and safety division for the City of Pomona.

(c) Building official means the building official for the City of Pomona.

(d) City means the City of Pomona.

(e) Common interest development means any of the following:

(1) A community apartment project.

(2) A condominium project.

(3) A planned development.

(4) A stock cooperative.

(f) Electronic submittal means the utilization of one or more of the following:

(1) Email

(2) The internet

(3) Facsimile

(g) Expedited permitting, and expedited review, means the process outlined in section 74-300 entitled "Expedited permit review and inspection requirements."

(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 similar permit.

(i) Small residential rooftop solar energy system means all of the following:

(1) A solar energy system that is not larger than 10 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 of Pomona and all State of California 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 of Pomona.

(j) 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, space cooling or water heating.

(k) 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. 4209, § 1, 9-14-2015)