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SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM PERMITS
(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)
EXPEDITED BUILDING PERMIT PROCESS FOR
ELECTRIC VEHICLE CHARGING STATIONS
ELECTRIC VEHICLE CHARGING STATIONS
(A) Applicability and Purpose. This section applies to applications for expedited building permits for electric vehicle charging station systems in the City consistent with California Government Code § 65850.7.
(B) Definitions. The definitions set forth below shall be applicable to the provisions in this section.
(1) BUILDING OFFICIAL means the city’s designated authority charged with the administration and enforcement of this section.
(2) ELECTRONIC SUBMITTAL means the utilization of one or more of either electronic mail, the internet or facsimile.
(3) ELECTRIC VEHICLE CHARGING STATION SYSTEM means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads as of January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4) 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 similar permit.
(5) SPECIFIC ADVERSE IMPACT means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(C) Electric Vehicle Charging Station System Expedited Building Permit Review Process.
(1) Anyone seeking to install an electric vehicle charging station system at any site within the City may apply to the Building Official for an expedited nondiscretionary building permit.
(2) The Building Official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The checklist, application form, and any other documents required by the Building Official to process an application shall be published on the City’s website.
(3) An application for an expedited building permit for an electric vehicle charging station and all associated documentation may be submitted to the Building Official in person, by mail, or by electronic submission as specified on the City’s website. Electronic signatures may be used in lieu of wet signatures.
(D) Additional Electric Vehicle Charging System Requirements.
(1) All electric vehicle charging systems shall meet all applicable health and safety standards and requirements, including, but not limited to, any requirements imposed by the State, local fire department, California Building and Electrical Code, this Code, and Federal laws, including the Americans with Disability Act.
(2) Prior to submitting an application, the applicant shall verify the electric vehicle charging system meets all applicable safety and performance standards established by , the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(E) Application Review.
(1) An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance when the Building Official determines that the application satisfies all the requirements contained in the city’s checklist(s), including complete supporting documents.
(2) If an application is deemed incomplete, a written correction notice will be sent to the applicant within ten (10) working days of the City’s determination detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance for resubmission.
(3) If the Building Official determines that an application for an expedited building permit is complete, the Building Official shall process the application. If the Building Official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved and a building permit shall be issued.
(4) If the Building Official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the applicant must apply for an “electric vehicle charging station use permit” in order to install the proposed charging station.
(5) An application for an “electric vehicle charging station use permit” shall be reviewed by the Building Official. The Building Official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the Building Official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code § 65850.7, the Building Official’s review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered. In addition, consistent with Government Code § 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by a homeowners association, as that term is defined by Civil Code § 4080.
(6) A decision of the Building Official made pursuant to subsections (3), (4) or (5) of this paragraph (E) may be appealed to the Planning Commission. The Planning Commission’s review shall be subject to the same limitations as that of the Building Official, and only health and safety issues may be considered.
(7) Any condition imposed on an application for an expedited building permit or “electric vehicle charging station use permit” shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(Ord. 1760, passed 4-7-21)
MOVING BUILDINGS
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