§ 12.320

The purpose of this chapter is to implement an expedited, streamlined solar permitting process that complies with the Solar Rights Act and California Assembly Bill 2188 (Chapter 521, Statutes 2014) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The provisions herein encourage the use of solar systems by removing unreasonable barriers and minimizing costs to property owners and the city, expand the ability of property owners to install solar energy systems and allow the city to achieve these goals while continuing to protect the public health and safety.

(Ord. No. 1974, div. 1, 11-18-2019)

As used for interpretation in this chapter, unless a different meaning is apparent from the context or specified elsewhere in the code, the following terms shall have the meanings set forth below:

"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.

"Small residential rooftop solar energy system" is one (1) that meets all of the following:

1.

A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (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 family dwelling or duplex;

4.

A solar panel or module array that does not exceed the maximum legal building height as defined by the city's zoning ordinance.

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

1.

Email;

2.

The internet (when that functionality becomes available); or

3.

Facsimile.

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

"Common interest development" means any of the following, as defined in sections 4000 through 4190, inclusive, of the California Civil Code, or successor statutes:

1.

A community apartment project.

2.

A condominium project.

3.

A planned development.

4.

A stock cooperative.

"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.

"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

1.

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

2.

For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed.

"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. 1974, div. 1, 11-18-2019)

This chapter applies to the permitting of all small residential rooftop solar energy systems in the City of San Rafael. Small residential rooftop solar energy systems legally established or permitted prior to October 21, 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 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. 1974, div. 1, 11-18-2019)

All solar energy systems shall meet the following requirements:

1.

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city and local fire department.

2.

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 Codes.

3.

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. 1974, div. 1, 11-18-2019)

Duties of community development department and building official are as follows:

1.

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

2.

Electronic submittal of the required permit application and documents by email (and the Internet when that technology becomes available) shall be made available to all small residential rooftop solar energy system permit applicants.

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

4.

The city's building division shall adopt and maintain standard plans and checklists of all requirements for which all small residential rooftop solar energy systems shall comply to be eligible for expedited review. The standard plans and checklist of requirements shall be posted and made available for public review on the city's website.

5.

The small residential rooftop solar system permit process, standard plans, and checklists 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.

6.

All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951, and successor statutes.

(Ord. No. 1974, div. 1, 11-18-2019)

12.320.060 - Permit review and inspection requirements.

Permit review and inspection requirements are as follows:

1.

Upon receipt of a complete application that meets the requirements of the approved checklist and standard plan, the building official or his designee shall issue a building permit or other nondiscretionary permit the same day or the next day, for an application submitted over-the-counter, or within three (3) business days for applications that have been filed electronically.

2.

Review of the application shall be limited to review by the building official or his designee to determine if the application: 1) meets 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; and 2) contains all information requested in the applicable standard plan and checklist.

3.

If an application is deemed incomplete by the building official, a written correction notice shall be sent in a timely manner to the applicant detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance upon resubmission of the application.

The building official may require an applicant to apply for an administrative use permit if he/she finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the city planning commission.

5.

A use permit and/or an environmental and design review may be required for properties on the city's list of historic resources as determined by the community development director.

6.

If a use permit is required, the community development director or his/her designee may deny an application for the use permit if he/she makes written findings, based upon substantive evidence in the record that: 1) the proposed installation would have a specific, adverse impact upon public health or safety; and 2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The community development director's decisions may be appealed to the city planning commission.

7.

Any condition imposed on a use permit or an environmental and design review permit application shall be crafted to mitigate the specific, adverse impact upon health and safety at the lowest possible cost to the applicant.

8.

For purposes of this chapter, 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 successfullyimposed by the city on another similarly-situated solar energy application. The city shall use its best efforts to ensure that the selected method, condition, or mitigation that does not significantly increase the cost of the system or decrease its efficiency or specified performance as defined in this chapter.

9.

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

10.

Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review.

11.

The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one (1) business day of a request and the applicant shall be provided with a four-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 chapter.

(Ord. No. 1974, div. 1, 11-18-2019)