§ 15.04.030. Small residential rooftop solar energy system review process.

A.

Definitions.

1.

A "solar energy system" means either of the following:

a.

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

b.

Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

2.

A "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 all state and city health and safety standards.

c.

A solar energy system that is installed on a single or duplex family dwelling.

d.

A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

3.

"Electronic submittal" means the utilization of one or more of the following:

a.

Email;

b.

The internet;

c.

Facsimile.

4.

"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.

B.

Purpose. The purpose of the section 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. The 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. The section allows the city to achieve these goals while protecting the public health and safety.

C.

Applicability.

1.

This ordinance applies to the permitting of all small residential rooftop solar energy systems in the city.

2.

Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance 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 shall not require a permit.

D.

Solar Energy System Requirements.

1.

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city, and the Five Cities fire department.

2.

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.

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.

Duties of Building Division.

1.

All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

2.

Electronic submittal of the required permit application and documents by email, the internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

3.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. However, the final permit must be signed at the counter until the city develops an electronic permit issuance registration.

4.

The building division shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

5.

The small residential rooftop solar system permit process, standard plan(s), and checklist(s) 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.

6.

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.

F.

Permit Review and Inspection Requirements.

1.

The city shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The building division shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist and standard plan.

2.

Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.

3.

The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

4.

If an application 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 permit issuance shall be sent to the applicant for resubmission.

5.

Only one inspection shall be required and performed for small residential rooftop solar energy systems eligible for expedited review.

6.

The inspection shall be done in a timely manner and should include consolidated inspections.

7.

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.

(Ord. No. 671, § 2, 10-13-2015)