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Board rejects jurisdictional challenge to small rooftop solar permit at Great Highway building

October 25, 2023 | San Francisco City, San Francisco County, California


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Board rejects jurisdictional challenge to small rooftop solar permit at Great Highway building
The San Francisco Board of Appeals on Oct. 25 denied a jurisdiction request from Great Highway LLC seeking review of electrical permit EW202306262097 for rooftop photovoltaic panels at 2442 Great Highway.

Requester Tony Brown told the board tenants discovered work on the roof and expressed worry about loss of view and privacy. Brown asked the board to consider whether the permit should have come with notices or been subject to review.

Department of Building Inspection representative Matthew Green said the system is small — totaling 2.304 kilowatts (six modules at 425 watts each) — and that DBI issues permits for small residential PV systems automatically online as ministerial actions with no discretionary plan review or notice requirement. "These permits are actually, issued automatically online," Green said, and he told the board that state law and local practice limit local scrutiny of small solar installations to health and safety grounds.

Permit counsel told the board the applicant followed applicable procedures and that notices for this type of permit are not required under state/local constraints encouraging solar deployment.

After discussion the board denied the jurisdiction request, finding the electrical permit had been properly issued and that neighborly privacy concerns did not provide a legal basis for the board to take jurisdiction over the ministerial electrical permit. The vote on the motion to deny was 5–0.

The decision leaves the electrical permit in place; commissioners asked staff to clarify the distinctions between ministerial electrical permits and discretionary land‑use actions for future public clarity.

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