[Ord. #2015-09 § 1]
a.
Solar energy system shall mean 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.
b.
Small residential rooftop solar energy system shall mean 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 of Albany and all State and Alameda County 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 of Albany.
d.
Association shall mean a nonprofit corporation or unincorporated
association created for the purpose of managing a common interest
development.
f.
Specific, adverse impact shall mean 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.
g.
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.
h.
Restrictions that do not significantly increase the cost of the system
or decrease its efficiency or specified performance shall mean:
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 ($1,000.00) dollars, or decreasing
the efficiency of the solar energy system by an amount exceeding ten
(10%) percent.
2.
For photovoltaic systems: an amount not to exceed one thousand ($1,000.00)
dollars over the system cost as originally specified and proposed,
or a decrease in system efficiency of an amount exceeding ten (10%)
percent.
[Ord. #2015-09 § 2]
The purpose of this section is to adopt an expedited, streamlined
solar permitting process that complies with the Solar Rights Act and
AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective
installations of small residential rooftop solar energy systems. This
section encourages the use of solar systems by removing unreasonable
barriers, minimizing costs to property owners and the City of Albany,
and expanding the ability of property owners to install solar energy
systems. This section allows the City of Albany to achieve these goals
while protecting the public health and safety.
[Ord. #2015-09 § 3, adopted 9-21-2015]
a.
This section applies to the permitting of all small residential rooftop
solar energy systems in the City of Albany.
b.
Small residential rooftop solar energy systems legally established
or permitted prior to the effective date of this section are not subject
to the requirements of this section 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 shall not
require a permit.
[Ord. #2015-09 § 4]
a.
All solar energy systems shall meet applicable health and safety
standards and requirements imposed by the State and the City of Albany
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 Building Standards Code.
c.
Solar energy systems for producing electricity shall meet all applicable
safety and performance standards established by the California Building
Standards 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. #2015-09 § 5]
a.
All documents required for the submission of an expedited solar energy
system application shall be made available on the publicly accessible
City of Albany Website.
b.
Electronic submittal of the required permit application and documents
by email, the Internet, or facsimile shall be made available to all
small residential rooftop solar energy system permit applicants.
c.
An applicant's electronic signature shall be accepted on all forms,
applications, and other documents in lieu of a wet signature.
d.
The City of Albany's Community Development Department shall adopt
a standard plan and checklist of all requirements with which small
residential rooftop solar energy systems shall comply to be eligible
for expedited review.
e.
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.
[Ord. #2015-09 § 6]
a.
Review of the application shall be limited to the Building Official's
review of whether the application meets local, State, and Federal
health and safety requirements.
b.
The Building Official may deny an application if the 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, as defined, the adverse impact. Such findings shall
include the basis for the rejection of the potential feasible alternative
for preventing the adverse impact. Such decisions may be appealed
to the City of Albany Planning and Zoning Commission.
c.
Any condition imposed on an application shall be designed to mitigate
the specific, adverse impact upon health or safety.
d.
"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 imposed by the City of Albany on
another similarly situated application in a prior successful application
for a permit. The City of Albany 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 defining restrictions that do not significantly
increase the cost of the system or decrease its efficiency or specified
performance.
e.
A City, County, or City and County shall not condition approval of
an application on the approval of an association, as defined in Section
4080 of the Civil Code.
f.
If an application is deemed incomplete, a written correction notice
detailing all deficiencies in the application and any additional information
or documentation required to be eligible for expedited permit issuance
shall be sent to the applicant for resubmission.
g.
Only one approved inspection shall be required and performed by the
Community Development Department for small residential rooftop solar
energy systems eligible for expedited review. A separate fire inspection
may be performed.
h.
The inspection shall be done in a timely manner and should include
consolidated inspections. An inspection will be scheduled within two
(2) business days of a request and provide a two (2) hour inspection
window.
i.
If a small residential rooftop solar energy system fails inspection,
a subsequent inspection is authorized.
