Solar Energy Systems
San Diego Municipal Code § 141.0418
in effect§141.0418 Solar Energy Systems
(a) This Section regulates small rooftop solar energy systems and other solar energy systems, which are collectively referred to as solar energy systems, except where specifically distinguished herein. Nothing in this Section grants any deviation from the Environmentally Sensitive Lands Regulations (Chapter 14, Article 3, Division 1) or Historic Resource Regulations (Chapter 14 Article 3, Division 2).
(1) Small rooftop solar energy systems are devices or structural design features of a building, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electric generation, or water heating, which are not larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal, and are installed on a single dwelling unit or duplex development.
(2) Other solar energy systems are any other solar energy system devices or structural design features of a building, the primary purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electric generation, or water heating that are not within the scope of a small rooftop solar energy system described in Section 141.0418(a)(1).
(b) Solar energy systems are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations. The regulations are intended to facilitate the use of renewable energy technology to attain environmental and energy goals and comply with state law related to small rooftop solar energy systems, to provide for timely administrative approvals, and to allow an applicant to appeal a denial to the Planning Commission.
(1) A construction permit decided in accordance with Process One shall be required for the installation of a solar energy system, in accordance with the following:
(A) An Electrical Permit is required for a solar energy system. A Combination Building Permit and Electrical Permit is required if the scope of work also includes the development of a new structure or requires structural modifications to an existing structure to support the solar energy system.
(B) The construction permit application shall be submitted in accordance with Sections 112.0102 and 129.0105.
(C) Within a planned district (subject to Land Development Code Chapter 15), a separate Planned District Ordinance Permit shall not be required in addition to the construction permit required for a solar energy system pursuant to Section 141.0418(b)(1).
(2) Solar energy systems are exempt from the regulations requiring undergrounding of utilities and from the screening requirements of Section 142.0910.
(3) Solar energy systems as an accessory use are permitted to encroach into required yards and the angled building envelope plane as follows:
(A) Solar energy systems may encroach into required side yards and rear yards where securely attached to a previously conforming structure or other structure that is permitted to project or encroach into the required setback or angled building envelope plane in accordance with Section 131.0461. Stand alone solar energy systems may encroach into required side yards and rear yards in compliance with Section 131.0461.
(B) Within the Mission Beach Planned District Ordinance, proposed encroachment of a solar energy system shall comply with Section 1513.0304(d).
(4) Solar energy systems shall comply with all applicable height limits, except that solar panels may be added to a previously conforming structure that does not conform to the existing height limit of the Coastal Height Limit Overlay Zone (Section 132.0505) or the Clairemont Mesa Height Limit Overlay Zone (Section 132.1305), if the proposed solar panels do not exceed the height of the existing structure, in accordance with the California Solar Rights Act.
(c) Small Rooftop Solar Energy Systems Permit Review
(1) In reviewing a construction permit application for a small rooftop solar energy system, the Building Official shall evaluate only whether the small rooftop solar energy system meets applicable health and safety requirements of local, state, and federal law.
(2) The Building Official shall administratively approve the small rooftop solar energy system, unless the small rooftop solar energy system would exceed the height requirements set forth in Section 141.0418(b)(4), or the Building Official determines there is substantial evidence of a specific, adverse impact upon the public health and safety, which for the purpose of Section 141.0418(c) means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete, and there is no feasible method or alternative to satisfactorily mitigate or avoid the specific, adverse impact.
(3) If the Building Official determines that the proposed small rooftop solar energy system could have a specific, adverse impact upon the public health and safety, then the Building Official shall make written findings notifying the applicant that the permit for the small rooftop solar energy system is denied, the basis for that denial in accordance with Section 141.0418(c)(2), and the appeal rights set forth in Section 141.0418(c)(4). The applicant shall be responsible for all administrative costs associated with processing the appeal.
(4) Applicant Appeal Process. Notwithstanding Section 112.0504, an applicant may appeal the denial of an application for a small rooftop solar energy system to the Planning Commission by filing an application for a Process Two appeal hearing with the City Manager no later than 12 business days after the decision date. The application shall include the contents for appeal identified in Section 112.0510(a).
(A) Grounds for Appeal. A denial may only be appealed on the grounds that the stated findings to deny the construction permit are not supported by substantial evidence.
(B) Scheduling an Appeal Hearing. The City Manager shall assign a date for an appeal hearing before the Planning Commission no later than 10 calendar days after the date on which an application for the appeal hearing is filed with the City Manager. The appeal hearing shall generally be held within 60 calendar days following the filing of the application for the hearing.
(C) Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify the decision to deny a small rooftop solar energy system in accordance with the following:
(i) A decision to affirm the Building Official decision shall require a finding based on substantial evidence in the record that the proposed small rooftop solar energy system could have a specific, adverse impact upon the public health and safety.
(ii) If the Planning Commission determines that there is not substantial evidence that the small rooftop solar energy system could have a specific, adverse impact upon the public health and safety, then the decision shall be reversed and the construction permit shall be approved.
(iii) If the Planning Commission determines that conditions of approval would mitigate the specific, adverse impact upon the public health and safety, then the decision shall be reversed and the construction permit shall be conditionally approved. Any conditions imposed shall mitigate at the lowest cost possible, which generally means the permit conditions shall not cause an increase in the cost of the small rooftop solar energy system by more than 10 percent or decrease the efficiency of the small rooftop solar energy system by more than 10 percent.
(“Solar Energy Systems” added 8-7-2015 by O-20555 N.S.; effective 9-6-2015.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art01Division04.pdf#page=21Fetched: 10/28/2026