Section [A] 120/R120 – Expedited permit process for small residential rooftop solar systems. |
A. Purpose and Intent. The purpose of this section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting public health and safety. |
B. Definitions. As used in this section: |
"Electronic submittal" means the utilization of electronic submittal via the internet. |
"Reasonable restrictions" 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. |
"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means: |
1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case, more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed, provided said proposal meets code requirements. |
2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed, provided said proposal meets code requirements. |
"Small residential rooftop solar energy system" means all the following: |
1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal. |
2. 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 designated from time to time. |
3. A solar energy system that is installed on a single- or duplex-family dwelling or residential accessory structure. |
4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction. |
"Solar energy system" 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 designated from time to time. |
"Specific adverse impact" means a significant, quantifiable, direct, 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. |
C. Applicability. |
1. This section applies to the permitting of all small residential rooftop solar energy systems under the jurisdiction of the city. |
2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section 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. |
D. Solar Energy System Requirements. |
1. All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City. |
2. Solar energy systems for heating water in single-family residences shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code. |
3. 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. |
E. Applications and Documents. |
1. All documents required for the submission of an expedited solar energy system application shall be made available on the City website. |
2. Electronic submittal of the required permit application and documents by the Internet shall be made available to all small residential rooftop solar energy system permit applicants. |
3. The City's building division shall adopt and post on the City's website a standard plan and checklist of all requirements ("Expedited Application Requirements") with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. Said plan and checklist shall 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. |
4. Prior to submitting an application, the applicant shall: |
a. Verify to the applicant's reasonable satisfaction, 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 |
b. At the applicant's cost, verify to the city's reasonable satisfaction using 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. |
F. Permit Review and Inspection Requirements. |
1. An application that satisfies all the expedited application requirements, as determined by the chief building official or designee shall be deemed complete. |
2. Once deemed complete, the building division shall issue a building permit, the issuance of which is nondiscretionary, within one to three business days for over-the-counter applications or within one to three business days for electronic applications. The issuance of said permit does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider's electricity grid until inspected and authorization to do so has been granted by the chief building official or designee. The applicant is further responsible for obtaining such approval or permission to connect from the local utility provider. |
3. Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and may include a consolidated inspection by the building official and fire marshal (where applicable), and/or their designated representatives. 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 subsection. |
4. If the building official determines an application is incomplete, the chief building official or designee shall issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. Said written correction notice shall be issued within five business days of the date of determination of an incomplete application. |
5. The chief building official or designee may require an applicant to apply for a limited review permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety. Such a decision may be appealed by the applicant to the Community Development Director subject to the provisions of subsection G. |
6. If a limited review permit is required, the chief building official may deny such application if it 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. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. Such findings shall include the basis for the rejection of the potentially feasible alternative for preventing the adverse impact. Such a decision may be appealed by the applicant to the Community Development Director subject to the provisions of subsection G. |
7. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. |
G. Appeals. |
1. The applicant may appeal decisions rendered pursuant to subsection (F)(4) or (F)(5) upon payment of the appeal fee, submittal of an appeal application to the Community Development front counter within ten (10) calendar days of the date of the decision. |
2. The decision of the Community Development Director on an appeal is final. |