(A) The development services department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this ordinance. The building and engineering services division of the development services department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within five business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan. Such approval does not authorize an applicant to connect the small residential rooftop solar 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.
(B) The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision may be appealed to the planning commission within ten days after the date of the building official's decision.
(C) 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.
(D) If a use permit is required, the building official may deny an application for the use permit if the official makes written findings based upon substantive 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 planning commission within ten days after the date of the building official's decision.
(E) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(F) "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 Cal. Civil Code, Section 714(d)(1)(A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
(G) The city shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code, Section 4080.
(H) 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.
(I) Only one inspection shall be required and performed by the city.
(J) The inspection shall be done in a timely manner and should include consolidated inspections.
(K) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this ordinance. City may charge a re-inspection fee. as established by City Council resolution, if a subsequent inspection is required.
(Ord. No. 2892)