CHAPTER 23.
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:
8-23.03 Solar Energy System Requirements
8-23.04 Administration and Checklist
8-23.05 Submittal Requirements
8-23.06 Permit Review and Inspection Requirements
8-23.01 Definitions.
The following words and phrases as used in this chapter are defined as follows:
(a) “Electronic submittal” means the utilization of one (1) or more of the following:
(1) E-mail.
(2) The Internet.
(3) Facsimile.
(b) “Small residential rooftop solar energy system” means all of 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 (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
(3) A solar energy system that is installed on a single or duplex family dwelling.
(4) A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
(c) “Solar energy system” has the same meaning as 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 redesignated from time to time.
(d) “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.
(Sec. 2 (part), Ord. 15-006, eff. Oct. 1, 2015; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-22.01)
8-23.02 Applicability.
(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 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.
(Sec. 2 (part), Ord. 15-006, eff. Oct. 1, 2015; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-22.02)
8-23.03 Solar Energy System Requirements.
(a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City.
(b) Solar energy systems for heating water in a 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 the Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Sec. 2 (part), Ord. 15-006, eff. Oct. 1, 2015; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-22.03)
8-23.04 Administration and Checklist.
(a) All documents required for submission of an expedited solar energy system applicant shall be made available on the City website.
(b) The applicant may submit the permit application and associated documentation to the City’s Building Division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.
(c) The Chief Building Official is hereby authorized and directed to develop and adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The checklist shall be published on the City’s Internet website.
(d) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to the recommendations for expedited permitting, 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.
(e) All fees prescribed for the permitting of small residential rooftop solar energy systems shall comply with Government Code Sections 65850.55, 66015, 66016, and Health and Safety Code Section 17951, and as those sections may be subsequently amended.
(Sec. 2 (part), Ord. 15-006, eff. Oct. 1, 2015; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-22.04)
8-23.05 Submittal Requirements.
In submitting an application, the applicant shall:
(a) Verify to the Chief Building Official’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 Chief Building Official’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.
(Sec. 2 (part), Ord. 15-006, eff. Oct. 1, 2015; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-22.05)
8-23.06 Permit Review and Inspection Requirements.
(a) The Chief Building Official shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The Chief Building Official may require an applicant to apply for a minor conditional use permit pursuant to Article 5 of Chapter 7 of Title 9, if the Official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions to require a minor conditional use permit may be appealed to the Planning Commission pursuant to Article 14 of Chapter 7 of Title 9.
(b) Review of the application shall be limited to the Chief Building Official’s review of whether the application meets local, State, and Federal health and safety requirements. An application that satisfies the information requirements in the checklist, as determined by the Chief Building Official, shall be deemed complete.
(c) If a minor conditional use permit is required, the Community Development Director may deny such application if he or she 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 in this chapter, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact, and shall be in addition to the findings required by Article 5 of Chapter 7 of Title 9. Such decisions may be appealed to the Planning Commission pursuant to Article 14 of Chapter 7 of Title 9.
(d) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(e) 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 that 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.
(f) Upon receipt of an incomplete application, the Chief Building Official shall issue a written plan check correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(g) An approval of the application does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
(h) Only one (1) 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 Chief Building Official and Fire Marshal. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
(Sec. 2 (part), Ord. 15-006, eff. Oct. 1, 2015; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-22.06)