Atwater Municipal Code Ch. 15.04 General Provision

A. Requirements of this title shall be applicable to the construction of any structure, building or system within the City where the work of construction is commenced after the effective date of the ordinance codified in this title.

B. It is unlawful for any person, firm or corporation to construct any structure, building or system within the City without complying with the requirements contained in this title.

C. It is unlawful for any person, firm or corporation to own, operate, control, occupy, or maintain any structure, building or system, the construction of which commenced after the effective date of this title, which does not comply with its requirements.

D. It is unlawful for any person to own, operate, control, occupy or maintain any structure, building, or system, the construction of which was completed before the effective date of this title, if such structure, building or system is unsafe or dangerous to the health, safety and welfare of the public or any person.

E. Any structure, building, or system which is in violation of this title, or is unsafe or dangerous to the health, safety and welfare of any person or the public, is a public nuisance.

(Ord. CS 1019, § 2, 11-12-2019)

A. Purpose. The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This chapter is also purposed to comply with California Government Code Section 65850.7.

B. Definitions.

1. "Electric vehicle charging station" or "charging station" 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 on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

2. "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.

3. "Electronic submittal" means the utilization of one or more of the following:

•

Electronic mail or email.

•

The internet.

•

Facsimile.

C. Expedited Permitting Process. Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The City's adopted checklist shall be published on the City's website.

D. Permit Application Processing.

1. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

2. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

3. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this ordinance and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

E. Technical Review.

1. It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official's authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this chapter, the City may require the applicant to apply for a use permit.

2. In the technical review of a charging station, consistent with Government Code Section 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 an association, as that term is defined by Civil Code Section 4080.

F. Electric Vehicle Charging Station Installation Requirements.

1. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

2. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

3. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

4. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

G. Appendices. Any provision of the City of Atwater Municipal Code or appendices thereto, inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this chapter.

H. Partial Invalidity. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional.

I. Right of Appeal. Any person having any record title or legal interest in the building may appeal from any action or decision of the Building Official under this title by filing at the office of the Building Official within 30 calendar days from the date of that action or decision of the Building Official, a written appeal.

1. The written appeal must contain a brief statement setting forth the legal interest of each of the appellants in the building or the land subject to the action of the Building Official or involved in the notice of violation or notice and order. The written appeal must contain a brief statement in ordinary and concise language of the specific order, action and/or Building Code section under protest, together with any material facts that support the contentions of the appellant.

2. The written appeal must contain a brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed, why the protested order or action should be reversed, modified, or otherwise set aside.

3. The written appeal must contain signatures of all parties named as appellants and their official mailing addresses.

4. At least one appellant must submit a declaration under penalty of perjury as to the truth of matters stated in the appeal. This declaration must be submitted with the written appeal itself.

J. Processing of Appeal. Upon receipt of any appeal filed, the Building Official shall forward the appeal to the City Clerk. The City Clerk shall calendar the appeal for a hearing.

If the appeal is received by the Building Official not later than 15 calendar days prior to the next regular meeting of the Board, it shall be calendared for hearing at said meeting.

If the appeal is received by the Building Official on a date less than 15 calendar days prior to the next regular meeting of the Board, it shall be calendared for hearing at the next subsequent meeting of the Board.

K. Noticing the Appeal for Hearing. As soon as practicable after receiving a written appeal, the Building Official shall fix a date, time and place for the hearing of the appeal by the Board of Building Appeals. Such date shall be not less than ten calendar days nor more than 45 calendar days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least ten calendar days prior to the date of the hearing to the appellant(s) by the Building Official either by causing a copy of such notice to be delivered to the appellant(s) personally or by mailing a copy thereof, postage prepaid, addressed to the appellant(s) at the address(es) shown on the appeal.

L. Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held before the Board of Building Appeals at _______ on the day of ___ 20___, at the hour _______ upon the notice of violation/action of the Building Official/notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefore with the Board of Building Appeals.

M. Appeal Fee. The Building Official shall collect and require an appeal fee to be paid at the time any appeal allowed by this Code is filed. The appeal fee shall be as adopted from time to time by resolution of the City Council of the City of Atwater. The fee shall be calculated to recover the total City costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, preparation and service of notices and staff appearance at the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed. The Building Official may waive the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the decision of the Building Official, notice of violation or notice and order, and other factors indicating good faith attempts to comply with the decision of the Building Official, notice of violation or notice and order.

N. Effect of Failure to Appeal. Failure of any person to file a timely appeal in accordance with the provisions of this chapter shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the decision of the Building Official, notice of violation or notice and order, or any portion thereof, subject only to review pursuant to the provisions of California Code of Civil Procedure Section 1094.5.

(Ord. CS 1019, § 2, 11-12-2019)

As used in this title:

A. "Construction" means to erect, to install, to alter, to add to, to move, to repair, to relocate, to replace, to build, and to reconstruct.

B. "Structure, building or system" means any object or the part of any object covered under, referred to, or encompassed within the subject matter of this title.

C. "Master plans" are plans submitted for plan review with the intent to construct two or more single or multifamily residential buildings or structures, within the same development, under the same ownership. Said "master plans" shall remain active until 1) the current code adoption cycle is updated, 2) the development is completed and/or 3) the plans are changed to an extent, requiring a new plan review.

D. "Subsequent master plan review fee" means the plan review fee charged for review of plot plan, elevation options, interior options, energy orientations, alternate truss calculations other than original submittal, and any other minor changes in the original submittal documents.

(Ord. CS 1019, § 2, 11-12-2019)

An applicant for a permit to be issued under this title shall furnish the City such information and/or plans and specifications as shall be requested by the person under whose direction the permit shall issue, and in any event such information and/or plans and specifications shall fully and completely define, delineate and specify the work to be accomplished under the permit, and whether or not the work shall be in compliance with the requirements of this title.

(Ord. CS 1019, § 2, 11-12-2019)

The fees chargeable by the City for the issuance of a permit under this title shall be those as set forth by separate resolution.

(Ord. CS 1019, § 2, 11-12-2019)

A. The City is exempt from all permit and plan checking fees payable under this title, unless structural review is deemed necessary by the building official. Plan review fees shall be paid by the contractor.

B. Reserved.

(Ord. CS 1019, § 2, 11-12-2019)

When required, plan checking fees for permits issued under this title shall be as set forth by separate resolution.

(Ord. CS 1019, § 2, 11-12-2019)

A. Application made by any person, firm or corporation for the issuance of a permit required under this title shall constitute consent of such applicant that upon the issuance of the permit the duly authorized and designated representative of the City may enter upon and inspect the structure, building, or system, or any portion thereof.

B. The duly authorized and designated inspector is empowered to order and direct the permittee to make any changes, alterations, modifications and/or additions in the structure, building, or system, necessary to comply with the requirements of this title, and the permittee shall make any such ordered changes, alterations, modifications, or additions within the period of time designated by the inspector.

C. It is unlawful for any permittee to cover up any structure, building or system, or any portion thereof requiring inspection, until the inspector has inspected it and determined that it satisfies the requirements of this title and the inspector is empowered to order any structure, building or system, or portion thereof which is covered up in violation of this provision, to be exposed for inspection, and the permittee shall cause it to be exposed for inspection when so ordered.

D. As used in this section, "inspection" includes any and all tests or experimentation required to satisfy the inspector that the structure, building, or system or any portion thereof complies with the requirements of this title.

E. Whenever the duly authorized and designated representative of the City, for the purposes of carrying out inspections under this title, deems it necessary, for the purposes of protecting the safety of the public, persons or property, he is authorized to enter upon and into any property, building, structure, or any part or portion thereof, for the purposes of inspecting same to determine whether the property, building or structure is safe.

(Ord. CS 1019, § 2, 11-12-2019)

As a condition of the issuance of any building permit, the applicant shall be required to make such dedications and improvements as designated by the Public Works Director. Such dedications and improvements shall be consistent with the provisions of this title and Titles 16, 17, and 18 and/or with the provisions of the General Plan of the City. Any person aggrieved by the application of the provisions of this title shall be allowed to obtain relief pursuant to the standards and procedures as provided for obtaining a variance as set forth in Chapter 17.84.

(Ord. CS 1019, § 2, 11-12-2019)

Any person, firm, or corporation violating any of the provisions of this title shall be guilty of a misdemeanor and each such person shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this title is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punishable by a fine of not more than $300.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(Ord. CS 1019, § 2, 11-12-2019)

Where conflicts occur between any specific provisions of this chapter and any specific provisions in any technical code adopted by reference under this title, the provisions of this chapter shall prevail.

(Ord. CS 1019, § 2, 11-12-2019)

A. The following words and phrases as used in this section are defined as follows:

"Electronic

submittal" means the utilization of one or more of the following:

1. E-mail;

2. The internet; and

3. Facsimile.

"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

3. A solar energy system that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or re-designated from time to time.

B. Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every City, County, or City and County shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

C. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the City, County, or City and County shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official is hereby authorized and directed to develop and adopt such checklist. (Note: Your City may adopt an ordinance that modifies the checklists and standards found in the California Solar Permitting Guidebook due to unique climactic, geological, seismological, or topographical conditions.)

D. The checklist shall be published on the City's internet website. The applicant may submit the permit application and associated documentation to the City's building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. (Or if the City will not accept electronic signature, the reasons for the inability to accept electronic signatures must be described.)

E. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

F. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. (Note: A separate fire inspection may be performed if your City does not have an agreement in place with your local fire authority to conduct a fire safety inspection on behalf of the fire authority.) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

G. An application that satisfies the information requirements in the checklist, as determined by the Building Official, shall be deemed complete. Upon receipt of an incomplete application, the Building Official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

H. Upon confirmation by the Building Official of the application and supporting documentation being complete and meeting the requirements of the checklist, the Building Official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop 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.

(Ord. CS 1019, § 2, 11-12-2019)

Sanitary facilities shall be provided at all new construction sites. New residential construction sites shall have a minimum of one portable facility for each five dwellings under construction or no further than 300 feet apart as deemed necessary by the Building Official. New commercial construction sites shall have one portable facility for each 20 persons working on said site or as deemed necessary by the Building Official. Construction sites with existing structures will be required to provide portable facilities if existing facilities are not available to all construction personnel.

(Ord. CS 1019, § 2, 11-12-2019)