Chapter 17.64 — SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS

The city seeks to implement Assembly Bill 2188 (2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems. This chapter shall also be known and may be cited as the "small residential rooftop solar chapter."

(Ord. No. 650, § 3, 4-28-2025)

The following definitions shall apply solely to this chapter of the municipal Code:

A.

"Solar energy system" shall have the same meaning set forth in Civil Code section 801.5(a)(1) and (a)(2) or successor statute, as amended from time to time.

B.

"Small residential rooftop solar energy system" shall have the same meaning set forth in Government Code section 65850.5(j)(3) or successor statute, as amended from time to time.

C.

"Electronic submittal" means the utilization of facsimile.

D.

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

E.

A "common interest development" means any of the following:

A community apartment project.

2.

A condominium project.

3.

A planned development.

4.

A stock cooperative.

F.

"Specific, adverse impact" shall have the same meaning set forth in Government Code section 65850.5(j)(5) or successor statute, as amended from time to time.

(Ord. No. 650, § 3, 4-28-2025)

17.64.030 - Applicability of chapter.

A.

This chapter of the city's Code applies to the permitting of all small residential rooftop solar energy systems in the city.

B.

Small residential rooftop solar energy systems lawfully established or permitted prior to the effective date of this chapter of the city's Code are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the wattage, size, type or components thereof which shall require new permitting. Routine operation and maintenance or like-kind replacement of existing components shall not require a permit.

(Ord. No. 650, § 3, 4-28-2025)

In order for a valid permit to be issued, the proposed solar energy system must satisfy all applicable health and safety standards and requirements enacted by the state and the city.

(Ord. No. 650, § 3, 4-28-2025)

17.64.050 - Duties of building inspector.

A.

In accordance with Government Code section 65850.5(g)(1), the city's building inspector (inspector) shall prepare and adopt a checklist of all requirements with which small residential rooftop solar energy systems

must comply in order to be eligible for expedited review and an accurate application which satisfies those requirements shall be deemed complete. All requirements in the checklist and any procedures identified therein must conform to the minimum standards and requirements found in the most current version of the California Solar Permitting Guidebook published by the governor's office of planning and research.

B.

In accordance with Government Code section 65850.5(g)(2), the building inspector must ensure the checklist and all document forms required for the submission of an expedited solar energy system application are publicly accessible on a city webpage during such times as the city has an operative Internet website.

C.

In connection with small residential rooftop solar energy system permit applications, and in addition to an applicant's original wet signatures thereon, the director shall alternatively accept an electronic signature and submittal of the required permit application and documents by facsimile. The director may also elect to accept any additional form of electronic signatures specified in Government Code section 65850.5(g)(2) provided that the director has sufficient equipment, software and other technical and human resources capable of reliably doing so for all applicants so desiring.

D.

In accordance with Civil Code section 714(e)(1) and Government Code Section 65850.5(b), an application for approval to install a solar energy system shall be processed by the director in the same manner as an application for approval of an architectural modification to the property, and must not be willfully avoided or delayed, provided that such review process shall be administrative, nondiscretionary and similar to approval of building permits. The director's approval shall be, and is, contingent upon valid issuance of a building permit by the city's building official.

E.

The director and building official must ensure that all fees prescribed for the permitting of small residential rooftop solar energy systems comply with all laws, including Government Code Sections 65850.55, 66015 and 66016 and Health and Safety Code Section 17951, to the extent applicable.

(Ord. No. 650, § 3, 4-28-2025)

A.

To the extend not otherwise prohibited by Government Code Section 65850.5(b), a conditional use permit shall be required if the city's building official makes a finding, based upon substantial evidence, that the proposed solar energy system could have a specific, adverse impact upon the public health and safety. A conditional use permit to install a solar energy system must and shall be denied if, based on substantial evidence, the city finds 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 same.

B.

The city may impose any condition within a conditional use permit which is designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. No. 650, § 3, 4-28-2025)

17.64.070 - Inspections; issuance of building permit.

A.

In connection with small residential rooftop solar energy systems which qualify for expedited review, only one (1) inspection shall be required and performed by the building official except that a separate fire safety inspection may be performed whenever the city does not have an agreement with a local fire authority to conduct a fire safety inspection on behalf of the fire authority. In accordance with Government Code Section 65850.5(h), if a small residential rooftop solar energy system fails an inspection, a subsequent inspection must be scheduled which need not conform to the requirements of this chapter.

B.

An inspection under this chapter must be performed in a timely manner and whenever reasonably possible, building official and fire safety inspections should be consolidated. Unless extraordinary circumstances exist, an inspection will be scheduled within five (5) business days after a written request is received by the city and the applicant must be provided with a three-hour inspection window.

C.

The building official shall issue or deny a building permit within two (2) business days after completing the inspection of a small residential rooftop solar energy system or within two (2) business days after the completion of a fire safety inspection, whichever is later.

(Ord. No. 650, § 3, 4-28-2025)

The denial of a permit which is governed by this chapter shall be appealable to the planning commission. The procedures and deadlines governing such appeal shall be the same procedures and deadlines prescribed in the city's Code for appeals to the city council in connection with the denial of a conditional use permit except that in its sole and absolute discretion the city council (or its designee) reserves the right to hear or decline a request to hear an appeal of the planning commission's decision. If the city council agrees to hear an appeal from the planning commission, the decision of the city council (or its designee) shall be final and supersede the decision of the planning commission.

(Ord. No. 650, § 3, 4-28-2025)