San Mateo Municipal Code Ch. 23.46 Small Residential Rooftop Solar Energy Systems

The purpose of this chapter is to provide an expedited, streamlined solar energy system permitting process that complies with the Solar Rights Act and AB 2188, as codified in Section 65850.5 of the Government Code, in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar energy 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 while protecting the public health and safety.

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

(1) Email;

(2) The Internet;

(3) Facsimile.

(d) "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 a 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 subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.

(e) "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. For the purposes of this subsection, "significantly" means:

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

(2) For photovoltaic systems, an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 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 10 kilowatts alternating current nameplate rating of 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 all state and City 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.

(a) This chapter applies to the permitting of small residential rooftop solar energy systems in the City.

(b) Existing small residential rooftop solar energy systems legally established or permitted prior to September 16, 2015, 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 residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(a) All documents required for the submission of a small residential rooftop solar energy system application shall be available on the City's website.

(b) Electronic submittal of the required permit application and documents by email or facsimile shall be available to all small residential rooftop solar energy system permit applicants.

(c) The City's Building Division shall adopt, and post on the City's website, a (1) standard electrical plan; and (2) standard checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

The following are required in order to submit a complete application for a solar energy system:

(a) Completed permit application form;

(b) Completed eligibility checklist for expedited review;

(c) A completed standard electrical plan, which will be available on the City's website;

(d) A roof plan showing roof layout, PV panels, and the following fire safety items:

(1) Approximate location of roof access point,

(2) Location of code-compliant access pathways,

(3) PV system fire classifications, and

(4) Locations of all required labels and markings;

(e) Completed structural criteria checklist; and

(f) Payment of City's processing fee in the amount established by resolution of the City Council.

(a) All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the State 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.

(a) Review of the application shall be limited to the building official's review of whether the application is complete and meets local, state, and federal health and safety requirements.

(b) If an application is deemed incomplete or fails to meet local, state, and federal health and safety requirements, the Building Official will 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.

(c) If an application is complete and meets local, state, and federal health and safety requirements, only one inspection shall be required and performed by the Building Division. An inspection will be scheduled within two business days of a request and provide a two-hour inspection window. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subsection.

(d) A City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(e) Approval or denial of an application for a small residential rooftop solar energy system may be appealed by any interested party to the City's Community Relations Commission in accordance within 10 days of the mailing date of the Building Official's written correction notice.