The purpose of this chapter is to establish an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to allow for timely and cost-effective installations of small residential rooftop solar energy systems. The provisions of this chapter encourage 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. The process set forth under this chapter allows the City of Napa to achieve these goals while protecting the public health and safety.
(O2015-12, 9/15/15)
As used in this chapter, the following words and phrases shall be construed as defined under this section. Where a term is also defined under applicable provisions of state law under the Solar Rights Act as codified under relevant provisions in the Civil Code, the Health and Safety Code and the Government Code, the term shall be construed to have the same meaning as set forth per state law.
"Association"
means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
"Building Official"
means the Chief Building Official, or designee of the Chief Building Official or the City Manager.
"Common interest development"
means any of the following:
1. 
A community apartment project.
2. 
A condominium project.
3. 
A planned development.
4. 
A stock cooperative.
"Director"
means the Community Development Director, or designee of the Community Development Director or the City Manager.
"Electronic submittal"
means the utilization of one or more of the following:
1. 
Email;
2. 
The Internet;
3. 
Facsimile.
"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.
"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance"
means:
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 $1,000.00, 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 $1,000.00 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.
"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 state and City of Napa 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.
"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.
"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.
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A. 
This chapter shall apply to the permitting of all small residential rooftop solar energy systems in the City of Napa.
B. 
Small residential rooftop solar energy systems legally established or permitted prior to the effective date of 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 likekind replacements shall not require a permit.
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A. 
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Napa.
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.
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The City Manager is authorized to establish and maintain written administrative regulations which implement the city's process and procedures for the expedited permitting of small residential rooftop energy systems, including an implementation of the purposes, goals, and requirements of this chapter as well as other chapters of this code. A copy of the administrative regulations shall be maintained on file in the office of the City Clerk. The administrative regulations shall be approved by the City Manager, based on the recommendation of the Building Official, and subject to review and approval as to form by the City Attorney. The administrative regulations shall, at a minimum, address the following elements:
A. 
A standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. 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.
B. 
Identification of any delegation of duties or authority from the City Manager to other qualified city employees. To the extent that the Council has delegated contracting duties and authority to the City Manager, or a subordinate officer of the City Manager, the City Manager may delegate, in writing, those duties and authority to other qualified city employees.
C. 
Standard forms (and procedures for their use) for the submission of applications for the expedited permitting of small residential rooftop energy systems. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website. Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.
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A. 
Applicants for a permit for a small residential rooftop energy system shall submit a complete application to the Building Official in accordance with any administrative regulations established under the authority of Section 15.42.050 and this chapter. 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. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The Building Official shall use his or her 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, and the Building Official shall not condition approval of an application on the approval of an association. The Building Official shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of any administrative regulations established under the authority of Section 15.42.050 and this chapter. If an application is deemed incomplete, the Building Official shall send a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance to the applicant for resubmission. 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.
B. 
Only one inspection shall be required and performed by the Building Official for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide a two-hour inspection window.
C. 
The 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.
D. 
If a use permit is required by the Building Official pursuant to subsection C of this section, the Director shall review the application pursuant to the provisions of Chapter 17.58 and may deny an application for the use permit if he or she 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. For the purposes of this subsection 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 Napa on another similarly situated application in a prior successful application for a permit. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. All decisions and determinations made by either the Building Official or the Director with respect to applications for small residential rooftop energy systems made under California Government Code 65850.5(d) may be appealed to the City Planning Commission in accordance with the provisions of Chapter 17.70.
(O2015-12, 9/15/15)