This chapter is and may be cited as the “Solar Energy
System Review Process.” The chapter is enacted pursuant to Assembly
Bill AB 2188 (Government Code Section 65805.5 et seq.).
(Ord. 1504 § 1, 2015)
The purpose of this chapter is to encourage the use of solar
energy systems and comply with the Solar Rights Act by reducing local
discretion in permitting for solar energy systems and creating an
expedited, streamlined solar permitting process for small residential
rooftop solar energy systems. This chapter allows the city to achieve
these goals while protecting the public health and safety.
(Ord. 1504 § 1, 2015)
The applicability of this chapter is limited to the permitting
of solar energy systems and small residential rooftop solar energy
systems in the city. 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
shall not require a permit.
(Ord. 1504 § 1, 2015)
The following words and phrases as used in this chapter are
defined as follows:
means the utilization of one or more of the following:
means all of the following:
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 paragraph (3) of subdivision (c) of Section
714 of the Civil Code, as such section or subdivision may be amended,
renumbered, or re-designated from time to time;
A solar energy system that is installed on a single-or duplex-family
dwelling; and
A solar panel or module array that does not exceed the maximum
legal building height as defined by the authority having jurisdiction.
has the same meaning set forth in paragraphs (1) and (2)
of subdivision (a) of Section 801.5 of the Civil Code, as such section
or subdivision may be amended, renumbered, or redesignated from time
to time.
(Ord. 1504 § 1, 2015)
(a)
All solar energy systems shall meet applicable health and safety
standards and requirements imposed by the state, the city, and local
fire districts.
(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 Electronic Engineers, and accredited
testing laboratories such as Underwriters Laboratories and, where
applicable, rules of the Public Utilities Commission regarding safety
and reliability.
(Ord. 1504 § 1, 2015)
The city shall administratively approve applications to install
solar energy systems through the issuance of a building permit or
similar ministerial permit. Review of the application to install a
solar energy system shall be limited to the chief building official
of the city of South San Francisco or designee’s review of whether
it meets all health and safety requirements of local, state, and federal
law. The requirements of local law shall be limited to those standards
and regulations necessary to ensure that the solar energy system will
not have a specific, adverse impact upon the public health or safety.
However, if the building official, based on substantial evidence,
that the solar energy system could have a specific, adverse impact
upon the public health and safety, the city may require the applicant
to apply for a use permit.
(Ord. 1504 § 1, 2015)
The chief building official of the city of South San Francisco
or designee shall develop an expedited permitting process for small
residential rooftop solar energy systems. Furthermore, the building
official shall adopt a checklist of all requirements with which small
residential rooftop solar energy systems shall comply to be eligible
for the expedited permitting process. The process and checklist for
expedited approval of small residential rooftop solar energy systems
shall substantially conform to the California Solar Permitting
Guidebook adopted by the Government’s Office of Planning
and Research, and the checklist and all necessary permitting documentation
shall be available on the city’s Internet website.
(a)
Prior to submitting an application, the applicant shall, at his or
her own cost:
(1)
Verify 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)
Verify through the use of 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.
(b)
The applicant may submit the permit application and associated documentation
to the city’s building department by personal, mailed, or electronic
submittal together with any required permit processing and inspection
fees. In the case of electronic submittal, the electronic signature
of the applicant on all forms, applications and other documentation
may be used in lieu of a wet signature.
(Ord. 1504 § 1, 2015)
(a)
An application for expedited permitting that satisfies the information
requirements in the expedited permitting checklist, as determined
by the chief building official or designee, shall be deemed complete.
The building official will respond to the application, in writing,
as follows:
(1)
Upon receipt of a complete application, 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.
(2)
Upon receipt of an incomplete application, the building official
shall deny the application and issue a correction notice detailing
all deficiencies in the application and any additional information
required to be eligible for expedited permit issuance.
(b)
Regardless of the completeness of the application, the building official
may withhold issuance if there is a violation on record for the structure
under review.
(c)
If an application is not denied in writing within forty-five days
from the date of receipt of the application, the application shall
be deemed approved, unless that delay is the result of a reasonable
request for additional information.
(d)
The city shall not withhold issuance based on the approval of an
association, as defined in Section 4080 of the Civil Code.
(Ord. 1504 § 1, 2015)
For a small residential rooftop solar energy system eligible
for expedited review, only one inspection shall be required, which
shall be done in a timely manner. If a small residential rooftop solar
energy system fails inspection, a subsequent inspection is authorized.
(Ord. 1504 § 1, 2015)
The decision of the chief building official of the city of South San Francisco or designee pursuant to Sections 15.62.060 and 15.62.080 may be appealed to the planning commission of the city.
(Ord. 1504 § 1, 2015)
All fees prescribed for the permitting of small residential
rooftop solar energy systems must comply with Government Code Section
65850.55, Government Code Section 66015, Government Code Section 66016
and State Health and Safety Code Section 17951.
(Ord. 1504 § 1, 2015)
