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)