Code Section: 260
Subject: Solar Panels (Energy Systems)
Effective Date: 1/07
Interpretation:
In 2004, the State passed legislation restricting local government review of applications to install solar panels to health and safety requirements. Government Code Section 65850.5(b): "A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the 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 . . ."
Additionally, Government Code Section 65850.5(a) specifically speaks to design review for aesthetic purposes, stating, "It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes . . ."
The definition of "solar energy systems" is found in Civil Code Section 801.5, which state: "'solar energy system' means either of the following: (1) 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. (2) 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."
Where a project involves more than the installation of a solar energy system or where the installation of the solar energy system would require alterations to the building greater than normally required to install a solar energy system, the City would review the project for more than just health and safety purposes because such work would be beyond the scope of installing a solar energy system.
Thus, under state law, applications to install a solar energy system must be approved administratively after review to determine whether the application meets health and safety standards, even if the solar energy system exceeds the applicable height limit or is on an architecturally significant building, unless there is removal or modification to the building beyond that normally required to install a solar energy system.