Rohnert Park Municipal Code Ch. 15.32 Small Residential Rooftop Solar Energy System Review Process

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

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

B. "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.

C. "Feasible method to satisfactorily mitigate or avoid a 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 Civil Code Section 714(d)(1)(A)—(B), defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

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

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty 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 Civil Code Section 714(c)(3), 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 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.

E. "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.

F. "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. 890, § 1, 10-27-2015)

The purpose of this section is to provide an expedited, streamlined permitting process for small residential rooftop solar energy systems as required by California Civil Code Section 714 and California Government Code Section 65850.5.

(Ord. No. 890, § 1, 10-27-2015)

A. This ordinance applies to the permitting of 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 the 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. 890, § 1, 10-27-2015)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and 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 Underwriters Laboratories and, where applicable, rules of the California Public Utilities Commission regarding safety and reliability.

(Ord. No. 890, § 1, 10-27-2015)

A. All documents required for the submission of an expedited solar energy system application shall be made available on the city's website.

B. Applications for small residential rooftop solar energy system permits, and any supporting documents, may be submitted by email, facsimile, or the internet.

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

D. The department of development services 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 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.

(Ord. No. 890, § 1, 10-27-2015)

A. An application that satisfies the information requirements in the checklist provided under Section 15.32.050(d), as determined by the building official, shall be deemed complete.

B. If the building official receives an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Upon confirmation by the building official of the application and supporting documentation being complete, the building official shall review the application. The building official's review of the application shall be limited to whether the application meets local, state and federal health and safety requirements. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse effect on the public health or safety.

D. The building official shall require the applicant to apply for an administrative permit pursuant to Section 17.25.050 et seq. of the Rohnert Park Municipal Code if the building official, in consultation with the director of development services, makes a finding based on substantial evidence that the solar energy system could have a specific, adverse impact upon the public health and safety. Any conditions imposed on an administrative permit shall be designed to mitigate the specific, adverse impact upon public health and safety at the lowest cost possible. The decision to require an administrative permit may be appealed to the planning commission.

E. The city may not deny an application for an administrative permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the 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 of preventing adverse impact. The decision to deny an administrative permit may be appealed to the planning commission.

F. Upon confirmation that the application is complete and that the solar energy system will not have a specific, adverse impact upon the public health or safety, the building official shall approve the application and issue all the necessary permits and authorizations.

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. The city shall not condition approval of an application on the approval of an association.

I. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review, which shall be scheduled within three business days of a request.

J. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of subsection I.

(Ord. No. 890, § 1, 10-27-2015)

Permit and plan check fees for small residential rooftop solar systems shall be set forth by resolution of the city council. Such fees shall comply with Government Code Sections 65850.55 and 66015, and any other applicable state laws.

(Ord. No. 890, § 1, 10-27-2015)