Temple City Municipal Code § 7-8-0 Intent and Purpose

The purpose of this chapter is to establish an expedited, streamlined solar permitting process that complies with Civil Code section 714 and Government Code section 65850.5 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. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 15-1005)

A. This chapter applies to the permitting of all small residential rooftop solar energy systems.

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 residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. (Ord. 15-1005)

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

FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE 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).

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM: A solar energy system that is all of the following:

A. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal;

B. 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;

C. A solar energy system that is installed on a single or duplex family dwelling; and

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

SOLAR ENERGY SYSTEM: Has the same meaning set forth in Civil Code sections 801.5(a)(1) and 801.5(a)(2).

SPECIFIC, ADVERSE IMPACT: 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. 15-1005)

A. All documents required for the submission of an expedited small residential rooftop 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 in person, mailed, or submitted electronically by e-mail, 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 building division shall prepare a 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 energy system permit process, and checklist(s) 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.

F. All plan review and permit fees shall be as adopted by city council resolution or ordinance. Any such fees must comply with Government Code sections 65850.55 and 66015, and any other applicable state laws. (Ord. 15-1005)

A. Prior to submitting an application for a small residential rooftop solar energy system, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

B. An application that satisfies the requirements of the application checklist prepared by the building division pursuant to subsection 7-8-3D of this chapter, as determined by the building official, shall be deemed complete. Upon receipt of 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 the determination by the building official that the application is complete, the building official shall approve the application and issue all required permits or authorizations.

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

2. Such approval does not authorize an applicant to connect the small residential rooftop solar energy system to the local utility provider's electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

D. If the building official finds, based on substantial evidence, that the small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety, the building official shall require the applicant to apply for a use permit.

1. If a use permit is required, the building official may not deny the application for the use permit unless the building official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and 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.

2. Any condition imposed on a use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

3. The applicant may appeal to the planning commission a decision by the building official to require a use permit, or a decision to deny a use permit.

E. Only one inspection shall be required for a small residential rooftop solar energy system eligible for expedited review, which shall be performed in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. (Ord. 15-1005)