[§ 1, Ord. 1141-15, eff. August 20, 2015]
This chapter applies to the permitting of all small residential
rooftop solar energy systems in the City. The purpose of this chapter
is to create an expedited, streamlined solar permitting process that
complies with the Solar Rights Act, as amended by AB 2188 (Chapter
521, Statutes 2014), to achieve timely and cost-effective installations
of small residential rooftop solar energy systems. This chapter encourages
the use of small residential rooftop solar energy systems by removing
unreasonable barriers, minimizing costs to property owners and the
City, and expanding the ability of property owners to install small
residential rooftop solar energy systems. This chapter allows the
City to achieve these goals while protecting the public health and
safety.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
The definitions set forth below shall be applicable to the provisions
in this chapter.
OFFICIAL
Shall mean the Building Official of the City.
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM
Shall mean a solar energy system which meets all of the following:
(1)
Is no larger than 10 kilowatts alternating current nameplate
rating or 30 kilowatts thermal;
(2)
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)
Conforms to 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;
(4)
Is installed on a single or duplex family dwelling;
(5)
The panel or module array does not exceed the maximum legal
building height as defined by the City.
SOLAR ENERGY SYSTEM
Has the meaning set forth in paragraph (1) and (2) of subdivision
(a) of § 801.5 of the
Civil Code, as such section or subdivision
may be amended, renumbered, or redesignated from time to time.
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.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
(a) A solar energy system that qualifies as a small residential rooftop
solar energy system, as defined in this chapter, shall be processed
in accordance with the terms of this chapter.
(b) A small residential rooftop solar energy system shall meet applicable
health and safety standards and requirements imposed by the State
and the City, local fire department or district.
(c) The Official shall, prior to September 30, 2015, adopt an administrative,
nondiscretionary expedited review process for small residential rooftop
solar energy systems, which shall include standard plan(s) and checklist(s).
The checklist(s) shall set forth all requirements with which small
residential rooftop solar energy systems must comply with to be eligible
for expedited review.
(d) The small residential rooftop solar system permit process, standard
plan(s), 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.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
(a) Prior to submitting an application, the applicant shall be responsible
to:
(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.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
(a) All documents required for the submission of an expedited small residential
rooftop solar energy system application shall be made available on
a publicly accessible City website.
(b) Electronic submittal of the required permit application and documents
by electronic means shall be made available to all small residential
rooftop solar energy system permit applicants. The City's website
shall specify the permitted method of electronic document submission.
(c) An applicant's electronic signature shall be accepted on all
forms, applications, and other documents in lieu of a wet signature.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
(a) An application that City staff determines satisfies the information
requirements contained in the City's checklist(s) for expedited
small residential rooftop solar system processing, including complete
supporting documents, shall be deemed complete.
(b) 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.
(c) After City staff deems an application complete, City staff shall
review the application to determine whether the application meets
local, State, and Federal health and safety requirements.
(d) Unless the Official determines a use permit is warranted, City staff
shall issue a building permit or other nondiscretionary permit within
a reasonable period of time after receipt of a complete application
that meets the requirements of the approved checklist, standard plan
and this chapter.
(e) The Official may require an applicant to apply for a use permit if
the Official finds, based on substantial evidence, that the solar
energy system could have a specific, adverse impact upon the public
health and safety. Such decision may be appealed to the Planning Commission.
(f) The City shall not condition approval of an application on the approval
of an association, as defined in § 4080 of the
Civil Code.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
(a) If a use permit is required, the Official may deny an application
for the use permit 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 decision may be appealed to the Planning
Commission.
(b) Any condition imposed on an application shall be designed to mitigate
the specific, adverse impact upon health and safety at the lowest
possible cost.
(c) "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 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 does not significantly increase the cost
of the system or decrease its efficiency or specified performance
in excess of the following:
(1)
For Water Heater Systems or Solar Swimming Pool Heating Systems:
an amount exceeding 10% of the cost of the system, but in no case
more than $1,000, or decreasing the efficiency of the solar energy
system by an amount exceeding 10%, as originally specified and proposed.
(2)
For Photovoltaic Systems: an amount not to exceed $1,000 over
the system cost as originally specified and proposed, or a decrease
in system efficiency of an amount exceeding 10% as originally specified
and proposed.
[§ 1, Ord. 1141-15, eff. August 20, 2015]
(a) Only one inspection shall be required and performed by the Building
Department for small residential rooftop solar energy systems eligible
for expedited review.
(b) The inspection shall be done in a timely manner.
(c) 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.