The purpose of this chapter is to provide an expedited solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5), and AB 1236 for electric vehicle charging stations (Chapter 598, Statutes 2015, California Government Code Section 65850.7) and electric vehicle charging stations in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems by removing unreasonable barriers and minimizing costs to property owners. This chapter allows the city to achieve these goals while protecting the public health and safety.
(Ord. 2126 § 1, 2015; Ord. 2166 § 2, 2017)
For the purpose of this chapter, the following terms shall have the following definitions:
"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.
"Electric vehicle charging station" or "charging station"
means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of the ordinance codified in this chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
"Small residential rooftop solar energy system"
means a system that satisfies all of the following requirements:
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 a single- or two-family dwelling.
4. 
A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
"Electronic submittal"
means the utilization of e-mail, facsimile, or Internet submittal as approved by the chief building official.
"Reasonable restrictions on a solar energy system"
means 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.
"Restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency of specified performance"
means:
1. 
For water heater systems or solar swimming pool heating systems: an increase in the cost of the system, as originally proposed, exceeding 10 percent of the cost of the system, but in no case more than $1,000.00, or a decrease in the efficiency of the solar energy system, as originally proposed, exceeding 10 percent.
2. 
For photovoltaic systems: an amount not to exceed $1,000.00 over the system cost as originally proposed, or a decrease in the efficiency of the solar energy system, as originally proposed, exceeding 10 percent.
"Specific, adverse impact"
means 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. 2126 § 1, 2015; Ord. 2166 § 2, 2017)
A. 
This chapter applies to the permitting of all small residential rooftop solar energy systems and electric vehicle charging stations in the city.
B. 
Small residential rooftop solar energy systems and electric vehicle charging stations 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 energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
(Ord. 2126 § 1, 2015; Ord. 2166 § 2, 2017)
A. 
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.
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 Plumbing and Mechanical Codes.
C. 
Solar energy systems for producing electricity 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, and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Ord. 2126 § 1, 2015; Ord. 2166 § 2, 2017)
A. 
Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
B. 
Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.
C. 
Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.
(Ord. 2166 § 2, 2017)
A. 
All documents required for the submission of an expedited solar energy system or electric vehicle charging station application shall be made available on the city's website.
B. 
Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.
C. 
The city's building division shall maintain a 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 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.
E. 
The city's building division shall maintain a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
F. 
All fees for the permitting of small residential rooftop solar energy system and an electric vehicle charging station are set forth in the city's master fee resolution and shall comply with Government Code Sections 65850.55, 66015, 66016, and State Health and Safety Code Section 17951.
(Ord. 2126 § 1, 2015; Ord. 2166 § 2, 2017)
A. 
The director of community development shall implement an administrative, nondiscretionary review process to expedite approval of clean energy systems. The building division shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.
B. 
If the building division finds, based on substantial evidence, that the solar energy system or electric vehicle charging station could have a specific, adverse impact upon public health and safety, the applicant may be required to apply for a use permit. Review of the application shall be limited to the city's review of whether the application met local, state, and federal health and safety requirements.
C. 
The building division may deny an application for a use permit if the chief 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. Such decisions may be appealed to the planning commission pursuant to Section 18.144.050.
D. 
The building division may approve an application subject to conditions. Any condition imposed on an application shall be designed to mitigate a specific, adverse impact upon the public health or safety at the lowest possible cost.
E. 
For solar energy systems, 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 meets the conditions of Civil Code Section 714(d)(1)(A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
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 inspection shall be required and performed by the building division for small residential rooftop solar energy systems. Once an applicant informs the building division that such a solar energy system has been installed, the building division shall complete the inspection as soon as practical (generally within two days) and should include consolidated inspections.
H. 
If a small residential rooftop solar energy system fails the inspection, a subsequent inspection is authorized and a re-inspection fee may be charged.
(Ord. 2126 § 1, 2015; Ord. 2166 § 2, 2017)