Chapter 15.28
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS
Sections:
15.28.030 Solar energy system permit.
15.28.010 Purpose and intent.
A. The California Legislature has declared that implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is a matter of statewide concern. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the intent of the Legislature that local agencies comply not only with the language of Section 65850.5 of the California Government Code, but also encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems.
B. It is the intent of the Legislature that local agencies shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install a solar energy system shall be limited to the local agency’s building official’s review of whether it meets all health and safety requirements of local, state, and federal law. The Legislature has further declared that requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. (Ord. 513 §1(part), 2015).
15.28.020 Definitions.
A. The following words and phrases as used in this section are defined as follows:
1. "Electronic submittal" means the utilization of one or more of the following:
a. E-mail;
b. The Internet; or
c. Facsimile.
2. "Small residential rooftop solar energy system" means all of the following:
a. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal;
b. 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;
c. A solar energy system that is installed on a single or duplex family dwelling; and
d. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
3. "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 redesignated from time to time. (Ord. 513 §1(part), 2015).
15.28.030 Solar energy system permit.
A. A building permit is required for all solar energy system installations.
B. Section 65850.5 of the California Government Code provides that in developing an expedited solar energy system permitting process, the city shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official shall develop and adopt such checklist.
C. The checklist shall be published on the city’s Internet website. The applicant for a small rooftop solar energy system 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.
D. Prior to submitting an application for a building permit, the applicant shall:
1. At the applicant’s cost, 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
2. At the applicant’s cost, verify to the applicant’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.
E. An application that satisfies the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
F. Subject to subsection G of this section, upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval 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.
G. The building official shall not approve the application and shall not issue a building permit if the building official makes a finding, based on substantial evidence, that the solar energy system will have a specific, adverse impact upon the public health and safety. The decision of the building official to deny a building permit pursuant to this subsection may be appealed by the applicant to the planning commission in accordance with the provisions of section 17.14.060.
H. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the building official and fire chief, except that a separate fire inspection may be performed if the city and the local fire authority do not have an agreement in place authorizing the building official to conduct a fire safety inspection on behalf of the fire authority. 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. (Ord. 513 §1(part), 2015).