.010 The application for approval for the installation or use of a solar energy system shall be processed and approved by the Building Official. Review of an application to install a solar energy system shall be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law. The 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.
.020 The Building Official shall make the following findings in order to approve an application to install a solar energy system:
.0201 The solar energy system meets all applicable health and safety standards and requirements of local, state and federal law consistent with Section 65850.5 of the California Government Code; and
.0202 The solar energy system will not have a specific, adverse impact upon the public health and safety.
.030 The Building Official may impose such conditions upon the issuance of a permit that are designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.
.040 If the Building Official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the Building Official shall make written findings in support of his or her findings, including (a) the reasons why there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, and (b) the basis for the rejection of potential feasible alternatives of preventing the adverse impact, and may deny an application. In that case, the decision of the Building Official shall become final, unless appealed to the Planning Commission pursuant to the provisions of Section 15.04.070 of this Chapter. Alternatively, when it is determined that the general public interest warrants such referral, the Building Official may, instead of denying the application, require the applicant to apply for a conditional use permit pursuant to the procedures set forth in Chapter 18.60 (Procedures) of this Code.
.050 In the event that an applicant is required to apply for a conditional use permit, before the Planning Commission may approve a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that both of the following conditions exist:
.0501 The solar energy system meets all applicable health and safety standards and requirements of local, state and federal law consistent with Section 65850.5 of the California Government Code; and
.0502 The solar energy system will not have a specific, adverse impact upon the public health and safety.
These conditions are in lieu of the conditions listed in Section 18.66.060 (Findings) of Title 18 of this Code, which must be shown by evidence to support a finding of fact by the Planning Commission, or the City Council on appeal, for conditional use permits under Title 18 of this Code.
The Planning Commission may not deny an application for a conditional use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. The Planning Commission may impose such conditions upon the issuance of a conditional use permit that are designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. (Ord. 6337, § 1 (part); August 18, 2015.)