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 is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and expanding the ability of property owners to install solar energy systems.
(Ord. 567 9-15-15; Ord. 698 11-19-19)
All small residential rooftop solar energy systems, as defined in Section 65850.5(j)(3) of the California Government Code, shall require a building permit pursuant to this chapter prior to the installation of such solar energy systems within the City. 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.
(Ord. 567 9-15-15; Ord. 698 11-19-19)
A. 
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the City and the State of California.
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. 567 9-15-15; Ord. 698 11-19-19)
A. 
Applicants shall submit the documents made available on the City’s website that are required for the submission of an expedited small residential rooftop solar energy system application.
B. 
Applicants may submit a permit application and related documents for a small residential rooftop solar energy system permit electronically.
C. 
Applicants shall submit wet signatures on all permit applications and related documents which require a signature.
D. 
Small residential rooftop solar energy systems shall comply with the City-adopted checklist of requirements for expedited review eligibility.
(Ord. 567 9-15-15; Ord. 698 11-19-19)
A. 
Small residential rooftop solar energy system building permit applications will be subject to an administrative, non-discretionary review process to expedite the approval of said application. For an application for a small residential rooftop solar energy system that meets the requirements of the City-approved checklist, the City will issue a building permit or other non-discretionary permit. The City may require an applicant to apply for a discretionary permit if the City 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 City’s review of whether the applicant meets local, State and Federal health and safety requirements.
C. 
If a discretionary use permit is required, the City may deny an application for the discretionary use permit if the City makes written findings based upon substantial evidence 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 specific, adverse impact. Such findings will 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 will be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The City will 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), inclusive.
E. 
The City will not condition the approval of an application on the approval of an association as defined in Civil Code Section 4080.
F. 
If an application for a small residential rooftop solar energy system 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 permitting will be sent to the applicant for resubmission.
G. 
Only one inspection will be required and performed by the City for small residential rooftop solar energy systems eligible for expedited review.
H. 
The City will conduct inspections in a timely manner which may 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. 567 9-15-15; Ord. 698 11-19-19)
All words, terms and phrases used or referenced in the Solar Rights Act, comprised of California Civil Code Sections 714 and 714.1, California Civil Code Section 801, California Civil Code Section 801.5, California Government Code Section 65850.5, California Health and Safety Code Section 17959.1, California Government Code Section 66475.3 and California Government Code Section 66473.1 (the “Act”) and AB 2188, shall have the same meanings ascribed to them in the Act and AB 2188.
(Ord. 567 9-15-15; Ord. 698 11-19-19)