Sonoma Municipal Code Ch. 14.27 Expedited Review Process for Small Residential Rooftop Solar Energy…

The purpose of this chapter is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, Cal. Gov’t. Code Section 65850.5) 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 chapter allows the city to achieve these goals while protecting the public health and safety. Nothing in this chapter is intended to create, nor shall it create, a mandatory duty upon the city or any of its officials, employees, or agents acting on behalf of the city. (Ord. 06-2015 § 1, 2015).

The building official, or his/her designee, has authority for administering and carrying out the provisions of this chapter. (Ord. 06-2015 § 1, 2015).

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

A. “Building official” means the city of Sonoma officer or other designated authority charged with the administration and enforcement of the California Building Code, or a duly authorized representative.

B. “Duplex” means a residential structure containing two dwellings.

C. “Dwelling” means a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitute an independent housekeeping unit, occupied by or intended for one household on a long-term basis.

D. “Electronic submittal” means the utilization of one or more of the following:

1. E-mail,

2. The Internet,

3. Facsimile.

E. “Fire chief” means the chief officer of the fire department serving the city of Sonoma, or a duly authorized representative.

F. “Single-family dwelling” means a building designed for and/or occupied exclusively by one family.

G. “Small residential rooftop solar energy system” means a solar energy system that meets all of the following:

1. A solar energy system that is no 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 Sonoma, and all applicable state of California 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 prescribed by the applicable section of SMC Title 19.

H. “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. (Ord. 01-2023 § 1(A), 2023; Ord. 06-2015 § 1, 2015).

This chapter applies to the permitting of all small residential rooftop solar energy systems in the city of Sonoma. 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 a small residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance of small residential rooftop solar energy systems shall not require a permit. (Ord. 06-2015 § 1, 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 dwellings, duplexes 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. 06-2015 § 1, 2015).

A. Pursuant to Cal. Gov’t. Code Section 65850.5(g)(1), the city shall develop an expedited permitting process which shall include the adoption of a checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The city’s building official is authorized and directed to develop, modify as needed from time to time and adopt the required checklist and is further authorized to develop, modify as needed from time to time and adopt standard plan templates for small residential rooftop solar energy system permits. The expedited permitting process shall substantially conform to the applicable recommendations for expedited permitting, including the checklist and standard plan templates, contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. Any checklists, standard plan templates and required permitting forms and documentation required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

B. The applicant may submit the small residential rooftop solar energy system permit application and associated documentation to the city’s building department in person, by mail, or electronic submittal together with any required permit processing and plan review deposits required by the building department. 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. (Ord. 06-2015 § 1, 2015).

A. By September 30, 2015, the building official shall develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. An application that satisfies all of the requirements in the checklist for small residential rooftop solar energy systems, as determined by the building official, shall be deemed complete. If the building official determines that an application and/or supporting documentation is incomplete for reasons that it is illegible, inaccurate or contains text, symbols or illustrations that are too small or are otherwise not easily read or is incomplete or incorrect for other reasons, the building official shall issue the applicant a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for the expedited review process.

B. The small residential rooftop solar system permit review process developed by the building official shall substantially conform to the recommendations for expedited permitting in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

C. For small residential rooftop solar energy systems eligible and approved under the expedited review, only one inspection shall be required, which shall be done in a timely manner following the installation of all work and a request for final inspection by the permittee. The one inspection may include a consolidated inspection by the building official and fire chief. However, if a small residential rooftop solar energy system fails the one inspection, one or more subsequent and separate inspections by the building official and/or the fire chief, which need not conform with this subsection, are authorized. (Ord. 06-2015 § 1, 2015).