(A) Definitions.
(1) BUILDING OFFICIAL shall have the same meaning as that set forth in the 2013 California Building Code adopted by the City pursuant to § 151.010.
(2) FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC, ADVERSE IMPACT shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(1), as the same may be amended from time to time.
(3) SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(3), as the same may be amended from time to time.
(4) SPECIFIC, ADVERSE IMPACT shall have the same meaning as provided in the Solar Rights Act, Government Code § 65850.5(j)(5), as the same may be amended from time to time.
(B) Applicability.
(1) This § 151.060 applies to the permitting of all small residential rooftop solar energy systems (as defined herein) in the City of Indio.
(2) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this Section are not subject to the requirements herein 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.
(C) Small Residential Rooftop Solar Energy System Standard Plan and Permit Application Checklist; Submittal.
(1) The City’s Building Official is delegated authority to: (a) develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems; and (b) develop and 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. The review process, standard plan and checklist shall be implemented and/or adopted by the City’s Building Office on or before September 30, 2015.
(2) The small residential rooftop solar energy 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.
(3) All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the City’s publicly accessible website.
(4) The City’s Building Official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system applicants. Electronic submittal shall mean submission of the application by email, the internet or facsimile as determined by the Building Official.
(D) Permit Review.
(1) The Building Official shall deem complete an application that satisfies the information requirements in the standard plan(s) and checklist(s).
(2) If the Building Official deems the application incomplete, the Building Official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance.
(3) The Building Official shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over the counter applications or within one to three business days for electronic applications or in either case as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. Notwithstanding, multiple applications submitted simultaneously may require additional process time.
(4) 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.
(5) 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 small residential rooftop solar energy system could have a specific, adverse impact upon the public health and safety.
(6) If a conditional use permit is required, the Building Official may deny such application if it makes written findings based upon substantial evidence in the record that the proposed installation of a small residential rooftop solar energy system 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.
(7) The decision of the Building Official pursuant to subparagraphs (5) and (6) above may be appealed to the Planning Commission.
(E) Inspection Requirements.
(1) Only one inspection shall be required and performed by the Building Official for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed.
(2) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide an inspection window.
(3) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this Section.
(F) Interpretation. The Building Official shall have the authority to render interpretations of this § 151.060
and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this § 151.060
. In no instance shall such policies and procedures have the effect of waiving requirements specifically provided for this § 151.060
.
(Ord. 1676, passed 6-17-15)