This chapter implements the Solar Rights Act as codified at Government Code Section 65850.5 to achieve timely and cost-effective installations of small residential rooftop solar energy systems.
(Ord. 2122 § 3, 2015)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth in this code, the Act, or regulations promulgated in accordance with applicable law.
means the Solar Rights Act as codified at Government Code Section 65850.5.
means the city manager, or designee. In the absence of a different designation by the city manager, the community and economic development director, or designee, is the director.
means utilization of office equipment and software used for communicating including, without limitation, telephone, facsimile machine, office automation equipment (computer terminals or personal computers, including laptops) and communications software applications such as electronic mail and Internet browsers.
means any system, device, hardware, software, or other equipment designed and used for transmitting or receiving communications by any form of electronic mail (e-mail) or any network of interconnected computers, including, without limitation, the Internet, as used for such purposes.
means a global network connecting multiple information technologies from schools, libraries, businesses, or private homes, using a common set of communication protocols.
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 solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law: 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 that comply with state and federal law: 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.
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 all state and local 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.
(Ord. 2122 § 3, 2015)
(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 before 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 do not require a permit.
(Ord. 2122 § 3, 2015)
(a)
All solar energy systems must meet applicable legal health and safety standards and requirements.
(b)
Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications must be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code, as adopted by this code.
(c)
Solar energy systems for producing electricity must 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. 2122 § 3, 2015)
(a)
All documents required for the submission of an expedited solar energy system application must be made available on the Internet.
(b)
Electronic submittal of the required permit application and documents by information technologies is available to all small residential rooftop solar energy system permit applicants. All forms, applications, and other documents may be signed electronically in accordance with Government Code Section 16.5.
(c)
The director must develop a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review.
(d)
The small residential rooftop solar system permit process, standard plan(s), and checklist(s) must 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.
(Ord. 2122 § 3, 2015)
(a)
The director must implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The director must issue a ministerial building permit within one business day for over-the-counter applications or within three business days for electronic submittals, upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. The director may require an applicant to apply for an administrative use permit if the director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions must be in writing and may be appealed to the planning commission in accordance with this code.
(b)
Review of the application is limited to whether the application meets applicable law.
(c)
If an administrative use permit is required, the director may deny an application for the use permit if the director 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 must 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 in accordance with this code.
(d)
Any condition imposed on an application must be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(e)
The director cannot condition approval of an application on by requiring formation of an association.
(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 issuing an expedited permit must be sent to the applicant for resubmission.
(g)
Only one inspection is required and must be performed by the director for small residential rooftop solar energy systems eligible for expedited review except that a separate fire safety inspection may be performed.
(h)
The inspection must be done in a timely manner and shall include consolidated inspections.
(i)
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. 2122 § 3, 2015)