It is the purpose of this chapter to comply with Government
Code Section 65850.5, which requires the city to adopt an ordinance
that creates an expedited and streamlined permitting process for small
residential rooftop solar energy systems.
(Ord. 833 § 2, 2022)
The following words and phrases as used in this section are
defined as follows:
means a nonprofit corporation or unincorporated association
created for the purpose of managing a common interest development.
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.
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 authority having jurisdiction.
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.
(Ord. 833 § 2, 2022)
Consistent with Government Code Section 65850.5, the building
official shall implement an expedited administrative permit review
process for small residential rooftop solar energy systems and adopt
a checklist of all requirements with which small residential rooftop
solar energy systems must comply in order to be eligible for expedited
review. The expedited administrative permit review process and checklist
may refer to the recommendations in the checklist prescribed by the
most current version of the "California Solar Permitting Guidebook"
adopted by the Governor's Office of Planning and Research. The city's
adopted checklist must be published on the city's website. Only one
inspection may be required, which is to be done in a timely manner
and may include a consolidated inspection by the building official
and fire chief. If a small residential rooftop solar energy system
fails inspection, a subsequent inspection is authorized; however,
the subsequent inspection need not conform to the requirements of
this section.
(Ord. 833 § 2, 2022)
Consistent with Government Code Section 65850.5, the building
official must allow for electronic submittal of permit applications
covered by this chapter and associated supporting documentation. In
accepting such permit applications, the building official will also
accept electronic signatures on all forms, applications, and other
documentation in lieu of a wet signature by any applicant.
(Ord. 833 § 2, 2022)
Consistent with Government Code Section 65850.5, the building
official must not condition the approval for any small residential
rooftop solar energy system permit on the approval of such a system
by an association, as that term is defined herein.
(Ord. 833 § 2, 2022)
A.
Prior
to submitting an application for processing, the applicant must verify
that the installation of a small residential rooftop solar energy
system will not have specific, adverse impacts to public health and
safety and building occupants. Verification by the applicant includes,
but is not limited to:
1.
Standard
engineering evaluation techniques that the support structure of the
small residential 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.
Standard
electrical inspection techniques that the existing electrical system
including existing line, load, ground and bonding wiring as well as
main panel and subpanel are adequately sized, based on the existing
electrical system's current use, to carry all new photovoltaic electrical
loads.
B.
A permit
application that satisfies the information requirements in the city's
checklist will be deemed complete and be promptly processed. Upon
confirmation by the building official that the permit application
and supporting documents meet the requirements of the city's checklist,
and is consistent with all applicable laws, the building official
shall, consistent with Government Code Section 65850.5, approve the
application and issue all necessary permits. Such approval does not
authorize an applicant to energize or utilize the small residential
rooftop solar energy system until approval is granted by the building
official. If the building official determines that the permit application
is incomplete, he or she must issue a written correction notice to
the applicant, detailing all deficiencies in the application and any
additional information required to be eligible for expedited permit
issuance.
(Ord. 833 § 2, 2022)
It is the intent of this chapter to encourage the installation
of small residential rooftop solar energy systems by removing obstacles
to permitting for such solar systems so long as the action does not
supersede the building official's authority to address higher priority
life-safety situations. Each application will be reviewed for compliance
with all applicable local, state and federal health and safety requirements.
Applicable local laws are limited to those standards and regulations
necessary to ensure that the small residential rooftop solar energy
system will not have a specific, adverse impact upon the public health
or safety.
(Ord. 833 § 2, 2022)
A small residential rooftop solar energy system, must meet the
following requirements to be eligible for the issuance of a permit:
A.
Meet
all applicable health and safety standards and requirements imposed
by state and local permitting authorities;
B.
Systems
for heating water in single family residences and solar collectors
use for heating water in commercial or swimming pool applications
must be certified by an accredited listing agency as defined in the
California Plumbing and Mechanical Codes;
C.
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. 833 § 2, 2022)
A.
Pursuant
to government Code Section 65850.5(b), an applicant may be required
to obtain a conditional use permit if the building official makes
a written finding, based on substantial evidence in the record, that
the proposed small residential rooftop solar energy system could have
a specific adverse impact upon public health and safety. The intent
of the CUP is to put in place mitigation measures to protect the public
health and safety. Any conditions imposed on an application to install
a small residential rooftop solar energy system shall be designed
to mitigate the specific, adverse impact upon the public health and
safety at the lowest cost possible and not in excess of the amounts
set forth in subparagraphs (A) and (B) of paragraph (1) of subsection
(d) of Section 714 of the Civil Code.
B.
Pursuant
to Government Code Section 65850.5(c), a permit application may be
denied if the building official makes a written finding, based on
substantial evidence in the record, that the proposed small residential
rooftop solar energy system would have a specific, adverse impact
upon the public health and safety and there is no feasible method
to satisfactorily mitigate or avoid the specific adverse impact. The
findings must include the basis for the rejection of the potential
feasible alternatives of preventing the adverse impact.
C.
The decision of the building official to requires a conditional use permit or to deny an application for a permit under subsections A and B above may be appealed to the planning commission by the applicant filing a written notice of appeal with the city clerk within thirty days of the date of decision of the building official. The appeal will be heard by the planning commission within forty-five days of receipt of the notice of appeal.
(Ord. 833 § 2, 2022)
