The purpose of this chapter is to establish an expedited, streamlined solar permitting process that complies with the solar rights act and AB 2188 (chapter 521, statute 2014) to achieve timely and cost effective installations of small residential rooftop solar energy systems. The provisions of this chapter encourage 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 provisions of this chapter further allow the city to achieve these goals while protecting the public health, safety and welfare by providing a means of enabling the installation of solar systems in such a manner that they are compatible with the architectural characteristics of the city. Solar systems have been proven to be one of the most efficient means of conserving nonrenewable energy resources, and this chapter is not to be construed as discouraging the installation of any type of solar system. (Ord. 2813, 2015)

   A.   This chapter applies to the permitting of all small residential rooftop and other solar energy systems in the city.

   B.   Small residential rooftop solar energy systems legally established or permitted prior to the effective date hereof 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 shall not require a permit. (Ord. 2813, 2015)

   ASSOCIATION: A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

   BUILDING OFFICIAL: The chief building official of the city or his or her designee.

   COMMON INTEREST DEVELOPMENT: Any of the following:

   A.   A community apartment project;

   B.   A condominium project;

   C.   A planned development; and

   D.   A stock cooperative.

   ELECTRONIC SUBMITTAL: The utilization of one or more of the following:

   A.   E-mail;

   B.   The internet;

   C.   Facsimile.

   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: A. For water heater systems or solar swimming pool heating systems: An amount exceeding ten percent (10%) 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 percent (10%), as originally specified and proposed.

   B.   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 percent (10%) as originally specified and proposed.

   SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM: 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, all state and city health and safety standards, and paragraph 3 of subdivision (c) of section 714 of the California Civil Code.

   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.

   SOLAR ENERGY SYSTEM: 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.

   SPECIFIC, ADVERSE IMPACT: 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. 2813, 2015)

   A.   All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the Redlands fire department.

   B.   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.

   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 Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability. (Ord. 2813, 2015)

   A.   The installation of solar energy systems shall be a permitted use in all zoning districts.

   B.   Flat type absorber style solar energy systems may be mounted at any location of a roof when mounted parallel with the roof surface and the entire unit is within twelve inches (12") of the roof surface. However, nonflat plate absorber type solar energy systems (i.e., coiled tubing, parabolic reflectors, tank type absorber units, and other type units), flat plate absorber style units not parallel and within twelve inches (12") of the roof surface, or absorber units mounted on racks shall be mounted only on the rear portions of the roof below the peak line, and when possible located where least visible from a public street.

   C.   Whenever possible, the piping to and from solar energy systems should be hidden from view. When this is not possible, the piping should be run in the most direct manner, so that the least amount of piping is exposed. The exposed piping should then be painted to match the material over which it is run.

   D.   Any type of solar energy system may be placed on flat roofs (slopes less than 2 vertical to 12 horizontal), provided the solar energy system is so located that it is not visible from any point six feet (6') above a street or sidewalk, or is screened from view by a parapet wall or screening that is architecturally compatible with the balance of the structure. (Ord. 2813, 2015)

   A.   All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the publicly accessible city website.

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

   C.   An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

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

   E.   The small residential rooftop solar system permit process, standard plans, and checklists 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, copies of which are on file in the city's building and safety division.

   F.   All fees prescribed for the permitting of a small residential rooftop solar energy system must comply with Government Code sections 65850.55, 66015, and 66016, and Health And Safety Code section 17951. (Ord. 2813, 2015)

   A.   The city building and safety division shall establish an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems on or before September 30, 2015. The building and safety division shall issue a building permit or other nondiscretionary permit the same day for over the counter applications or within one to three (3) business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan. The building official may require an applicant to apply for a conditional use permit if the building 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 may be appealed to the city planning commission.

   B.   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 and the fire marshal's review for compliance with the California fire code.

   C.   If a conditional use permit is required, the building official may deny an application for the use permit if the building official makes written findings based upon substantial 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. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city planning commission.

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

   G.   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.

   H.   Only one inspection shall be required and performed by the building and safety division and the Redlands fire department for small residential rooftop solar energy systems eligible for expedited review.

   I.   The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) to three (3) business days of a request and provide an eight (8) hour inspection window.

   J.   If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. (Ord. 2813, 2015)