means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
means any of the following:
means the utilization of one or more of the following:
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.
means:
For water heater systems or solar swimming pool heating systems:
an amount exceeding ten percent of the cost of the system, but in
no case more than one thousand dollars, or decreasing the efficiency
of the solar energy system by an amount exceeding ten percent, as
originally specified and proposed.
For photovoltaic systems: an amount not to exceed one thousand
dollars over the system cost as originally specified and proposed,
or a decrease in system efficiency of an amount exceeding ten percent
as originally specified and proposed.
is a solar energy system that satisfies all of the following
requirements:
A solar energy system that is no larger than ten kilowatts alternating
current nameplate rating or thirty kilowatts thermal.
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.
A solar energy system that is installed on a single or duplex
family dwelling.
A solar panel or module array that does not exceed the maximum
legal building height as defined by the city.
means either of the following:
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.
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.
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. 15-8 § 2)
The purpose of this chapter 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
chapter encourages the use of solar systems by removing unreasonable
barriers, minimizing costs to property owners and the city, and expanding
the ability of property owners to install solar energy systems. This
chapter allows the city to achieve these goals while protecting the
public health and safety.
(Ord. 15-8 § 2)
A.
This
chapter applies to the 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 energy system in
such a way as to require new permitting. Routine operation and maintenance
or like-kind replacements shall not require a permit.
C.
This
chapter supersedes any conflicting provisions within Section 17.25.035
of this code.
(Ord. 15-8 § 2)
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 Code.
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. 15-8 § 2)
A.
All
documents required for the submission of an expedited solar energy
system application shall be made available on the publicly accessible
city 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's building division 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.
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.
F.
All
fees prescribed for the permitting of small residential rooftop solar
energy systems must comply with Government Code Sections 65850.55,
66015, and 66016, and State Health and Safety Code Section 17951.
(Ord. 15-8 § 2)
A.
The
building division shall adopt an administrative, nondiscretionary
review process to expedite approval of small residential rooftop solar
energy systems. The building division shall issue a building permit
or other nondiscretionary permit upon receipt of a complete application
that meets the requirements of the approved checklist and standard
plan. However, a building 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 decisions may be appealed
to the planning commission.
B.
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.
C.
If
a use permit is required, a building 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 decisions may be appealed to the planning
commission.
D.
Any
condition imposed on an application shall be designed to mitigate
the specific, adverse impact upon health and safety at the lowest
possible cost.
E.
"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 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.
F.
The
city shall not condition approval of an application on the approval
of an association, as defined in Section 4080 of the Civil Code.
G.
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.
H.
Only
one inspection may be required and performed by the building division
for small residential roof-top solar energy systems eligible for expedited
review.
I.
The
inspection shall be done in a timely manner and should include consolidated
inspections. To the extent that the building official determines it
to be practicable to do so, inspections of small residential rooftop
solar energy systems should be scheduled within two business days
of a request.
J.
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.
(Ord. 15-8 § 2)
