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, California Government Code Section 65850.5) in order to achieve timely and cost effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City and expanding the availability of solar energy system installations to property owners. This chapter allows the City to achieve these goals while protecting the public health and safety.
(Ord. 4048 § 2, 2015)
As used in this chapter:
"Electronic submittal"
means the utilization of one or more of the following:
(1) 
E-mail;
(2) 
The Internet;
(3) 
Facsimile.
"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.
"Small residential rooftop solar energy system"
means 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 and all State and City health and safety standards.
(3) 
A solar energy system that is installed on the roof-top of 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 Zoning Code.
"Specific adverse impact"
means a specific, quantifiable, direct, 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. 4048 § 2, 2015)
(A) 
This chapter applies to the expedited permitting of all small residential rooftop solar energy systems in the City.
(B) 
Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in 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 rooftop system in such a way as to require permitting. Routine operation and maintenance shall not require a permit.
(C) 
If it is determined by the Building Official that the small residential rooftop energy system as proposed would have a specific, adverse impact upon the public health or safety including excessive glare to local residents, negative impacts to sensitive facilities (airports) or water resources, then the applicant may be required to apply for a Minor Use Permit.
(Ord. 4048 § 2, 2015)
(A) 
All solar energy systems shall meet applicable health and safety standards and requirements imposed by State law and City Code.
(B) 
Solar energy systems for heating water in single- and duplex-family dwelling units and swimming pools shall be certified by an accredited listing agency as defined by the California Plumbing Code and California Mechanical Code.
(C) 
Solar energy systems for producing electricity for single and duplex family dwelling units 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 (or equal) and, where applicable, rules of the California Public Utilities Commission regarding safety and reliability.
(Ord. 4048 § 2, 2015)
(A) 
All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the City website.
(B) 
The Building Official shall develop and implement an electronic submittal process for receipt and issuance of nondiscretionary small residential rooftop solar energy system applications that conform to approved standard plans and checklists.
(C) 
The Building Official shall adopt an application, standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
(D) 
The small residential rooftop solar energy system permit application and process, standard plans, and checklists shall substantially conform to the 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.
(E) 
Applications not fully conforming to the definition of "small residential rooftop solar energy systems" or that are not consistent with the standard plans and checklists adopted, or that include additional work beyond the scope contained in the standard plans and checklists shall not be eligible for expedited review and will be subject to standard permit application requirements.
(Ord. 4048 § 2, 2015)
(A) 
The Building Official may require an applicant to apply for a Minor Use Permit if the Building Official determines that the small residential rooftop energy system as proposed would have a specific, adverse impact upon the public health or safety. Such decisions may be appealed to the Planning Commission in the manner set forth in the City Zoning Code.
(B) 
If a Minor Use Permit is required, the City may deny such application if it makes written findings based upon substantive evidence in the record that the proposed installation would have 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 alternatives for preventing the adverse impact or inconsistency. Such decisions may be appealed to the Planning Commission in the manner set forth in the City Zoning Code.
(C) 
Any condition imposed upon an application shall be designed to mitigate the specific, adverse impact or inconsistency at the lowest possible cost.
(D) 
Prior to submitting an application, 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.
(E) 
Review of the nondiscretionary application shall be limited to the Building Official or qualified designee's review of whether the application is complete and meets the requirements of the standard plans and checklist and all State law and City Codes and standards. The Building Official shall have the discretion to accept additional documentation to substantiate compliance with standards as an amendment to the checklist.
(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. Additional fees may be charged for subsequent application reviews.
(G) 
The nondiscretionary small residential rooftop solar energy system application shall be reviewed and approved or rejected within three business days of application. Resubmittals shall also be reviewed, approved or rejected within three business days and may be subject to additional plan review fees.
(H) 
Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the standard plans and checklist including all health and safety requirements of State and City Code standards, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop 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.
(I) 
Only one small residential rooftop solar energy system inspection shall be required and performed by the Building Official or qualified designee. Said inspection shall be performed in a timely manner as soon as practical and as staff resources permit.
(J) 
If a small residential rooftop solar energy installation fails inspection, a subsequent re-inspection is authorized and may be subject to additional fees.
(Ord. 4048 § 2, 2015)