§ 110.40

No person shall relocate on, or move onto any premises, or permit to be relocated on, or moved onto any premises, in the city, any building or structure that is subject to the provisions of this title, without first obtaining a relocation permit from the building official.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.020. - Permit issuance requirement.

The building official shall issue relocation permits only for buildings and structures that conform to all of the standards of this title and section 102.6 of the Uniform Administrative Code or which, through minimal amounts of reconstruction as determined by the building official, can be made to conform to all of the standards of this title and other applicable codes and standards. Buildings may not be required to comply with the regulations of this section if qualified as historical pursuant to section 8-218 SHBC.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.030. - Permit application; contents.

Any person desiring to relocate a building or structure shall first make an application for each such building or structure in accordance with section 302.1(1)—(3), (6) and (7), of the Uniform Administrative Code to obtain a special inspection permit. Also, as a part of this application, the applicant shall furnish photographs and a floor plan of the building or structure proposed to be moved, with a detailed written description of any proposed repair, alteration or addition to the building or structure along with a plot plan of the new site showing the building or structure situated relative to property lines. This application shall be accompanied by an application fee, plus a processing fee, except that if the building or structure is located outside of the limits of the city, the fee shall be increased for each mile between the building and the nearest point on the boundary of the city measured by way of the shortest route usually traveled. The amounts of the fees shall be as established by the city council, from time to time. Dwellings with garages, attached or detached, shall be considered as one building.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.040. - Inspection; building official's report.

Upon receipt of all required information from the applicant the building official shall inspect the building or structure proposed to be moved and the proposed relocation site. Upon completion of his inspection, the building official shall prepare a written report which shall be mailed to the applicant. The report shall contain the approval or disapproval of the building official, and if approved for relocation, shall specify all work that must be performed to make the building or structure conform to this title and any other necessary

and the proposed relocation site. Upon completion of his inspection, the building official shall prepare a written report which shall be mailed to the applicant. The report shall contain the approval or disapproval of the building official, and if approved for relocation, shall specify all work that must be performed to make the building or structure conform to this title and any other necessary

requirements. This report shall be valid only for a period of 45 days after the date of issuance by the building official and only for the approved building or structure and approved relocation site. The contents of this report and all proposed work shall be incorporated into plans and specifications in accordance with sections 302.2 and 302.3 of the Uniform Administrative Code and accompany an application for a permit in accordance with section 302.1 of the Uniform Administrative Code within 45 days timeframe.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

After the building official has approved a building or structure for relocation, the relocation site, and all plans and specifications the applicant may, prior to the expiration of the plan check permit, apply for a moving permit and the necessary building permits to perform the work. The fee for the moving permit shall be as established by the city council, from time to time. The fee for required building permits shall be determined from the applicable provisions of this title. As a part of the application, the applicant shall certify that no changes have been made to the building or structure since the date of inspection by the building official.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.060. - Termite inspector report and cash deposit required.

(a)

No relocation permit shall be issued unless the applicant first furnishes a written report of a qualified termite inspector that it is free from termites or other vermin and shall post with the building official a cash deposit, the amount of which shall be based on the square footage of the structure to be relocated, and shall be in an amount as established by the city council, from time to time.

(b)

In determining the amount of square footage, dwellings with attached or detached garages will be considered one structure; all other structures shall be considered separately and shall require a deposit for each structure. In lieu of cash, the applicant may substitute a bank cashier's check, a bank or savings and loan money order, or a bank certificate of deposit. All of the deposits set forth in subsection (a) of this section must be made payable to the city. In all cases no substitute for a cash deposit will be acceptable if it may be recalled by the applicant without the consent of the city or if it requires any act other than the cashing thereof for collection by the city. The return of the cash deposit or other security shall be conditioned upon the performance of all terms and conditions of a permit within the prescribed time limits on any extension thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

If the permittee does not complete all the required construction, repairs, and changes within 150 days of issuance of the relocation permit or any granted extension thereof, the building official shall give written

notice thereof by certified mail to the permittee specifying the work that has not been completed and the date the relocation permit or extension of the permit is due to expire. This notice shall also state that the deposit shall be forfeited if substantial work is not completed on the building and that a written request for inspection thereof must be filed with the building official or that a request for extension be filed in accordance with section 303.4 of the Uniform Administrative Code prior to the expiration date of the relocation permit. If the permittee fails to comply with the notice of the building official, the permit shall expire and the deposit shall be forfeited.

(b)

Upon receipt of the forfeited deposit, the building official, at his option, may cause the removal or demolition of the building or structure. In the event that the cost of removing or demolishing the building or structure is less than the required deposit, the excess thereof shall be deposited with the city to the credit of the owner of the property of such other person legally entitled thereto, which shall be payable upon proof satisfactory to the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.080. - Temporary building or structure relocation.

No building or structure shall be moved to any temporary relocation site within the city, except to be an approved relocation yard located on property zoned for such use.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.090. - Access to premises for inspection.

The building official shall have access to all premises described in a relocation permit whether permanent or temporary in order to inspect the building or structure involved, the progress of the work, and to perform any of the acts authorized or required by this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.100. - Transportation permit issuance restriction.

No officer of this city who is authorized to issue a permit to transport a building or structure upon a city highway shall issue such a permit until a relocation permit has been issued by the building official for the building or structure, or until the owner or person in control of the building or structure has filed with the building official an affidavit that the building or structure is not to be located temporarily or permanently, in the incorporated area of the city, except in an approved relocation yard located on property zoned for such use. No building or structure shall be transported upon any city highway unless the owner or person in control thereof has obtained a permit from the director of transportation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 110.44. - SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS

Sec. 110.44.010. - Intent and purpose.

The intent and purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and costeffective installations of small residential rooftop solar energy systems. This chapter is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.020. - Definitions.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Building department means the building and safety department for the City of Eastvale.

Building official means the building official or designee for the City of Eastvale.

City means the City of Eastvale.

Common interest development means any of the following:

(1)

A community apartment project.

(2)

A condominium project.

(3)

A planned development.

(4)

A stock cooperative.

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

(1)

Email.

(2)

The Internet.

(3)

Facsimile.

Expedited permitting, and expedited review, means the process outlined in Section 110.44.060 entitled "Expedited permit review and inspection requirements."

A 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.

Planning commission means the planning commission for the City of Eastvale.

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

(1)

A solar energy system that is not larger than 10 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 all state health and safety standards.

(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 city.

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, space cooling or water heating.

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.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.030. - Applicability.

This chapter applies to the permitting of all small residential rooftop solar energy systems in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter 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.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.040. - Solar energy system requirements.

(a)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city and the state.

(b)

Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(c)

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.050. - Duties of building department and building official.

(a)

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the city's publicly accessible website.

(b)

Electronic submittal of the required permit application and documents via email, the city's website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

(c)

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(d)

The building department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review.

(e)

The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(f)

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code §§ 65850.55 and 66015 and Health and Safety Code § 17951.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.060. - Expedited permit review and inspection requirements.

(a)

The building department shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within 30 days of adoption of this chapter. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the building department shall issue a building permit or other non-discretionary permit within three business days. The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission pursuant to section 120.01.040.

(b)

Review of the application shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements.

(c)

If a use permit is required, the building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission pursuant to section 120.01.040.

(d)

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code § 714(d)(1)(A)—(B).

(e)

The city shall not condition the approval of an application on the approval of an association as defined in Civil Code § 4080.

(f)

If an application for a small residential rooftop solar energy system is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission.

(g)

Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review.

(h)

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.

(i)

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. No. 15-06, § 1, 7-22-2015)

CHAPTER 110.48. - MANUFACTURED HOMES, MOBILEHOMES AND COMMERCIAL COACHES[[17]]

Footnotes:

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State Law reference— Manufactured Housing Act of 1980, Health and Safety Code § 18000 et seq.

Sec. 110.48.010. - Installation of manufactured home, mobilehome or commercial coach.

No person shall install or occupy any manufactured home, mobilehome or commercial coach (hereafter called "unit") to be used for the purpose of human habitation or occupancy on any site inside or outside of a mobilehome park in the city, without first obtaining a permit from the building official. Each unit shall bear an insignia of approval issued by the state department of housing or a label issued pursuant to the Federal Mobile Home Construction and Safety Standards.

(1)

Applications shall be made to the building official in the forms provided by the city only in the district office having jurisdiction. The applicant shall furnish all the information required by the Health and Safety Code §

18200 et seq., and title 25 of the California Code of Regulations, and shall be accompanied by the required fees.

(2)

The installation of all units shall be in accordance with the relevant requirements of the California Health and Safety Code and title 25 of the California Code of Regulations relating to such installations and in accordance with any specific requirements of this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.48.020. - Manufactured home on a foundation system.

Notwithstanding the foregoing and pursuant to applicable state codes, no person shall install any manufactured home on a foundation system, certified under the National Manufactured Housing Construction and Safety Act of 1974 (as modified), on a lot zoned for a conventional single-family residential dwelling unless the following requirements are satisfied:

(1)

Roofing material. Any roofing material permitted under this title, except metal roofing, may be utilized.

(2)

Siding material. Any siding material permitted under this title, except metal siding, may be utilized.

(3)

Size. All manufactured homes shall be no less than 750 square feet.

(4)

Age. No mobilehome shall be installed on a lot zoned for single-family dwellings if more than ten years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home in the affected zone. This exclusion shall not apply to legally permitted manufactured homes converting from a pier foundation system to a permanent foundation system.

The requirements of this section shall not apply if the manufactured home is already in place on the lot for which the permit is sought and was approved pursuant to a permit previously issued by the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.48.030. - Commercial coaches.

Each unit shall bear an insignia of approval issued by the state department of housing or a label issued pursuant to the Federal Mobilehome and Safety Standards. The insignia shall designate the applicable occupancy classification and the design roof, floor and wind loads.

(1)

The applicant for a permit to install a commercial coach shall provide two sets of plans and specifications. The plans shall include the following:

a.

A plot plan of the lot or site on which the commercial coach is to be installed, which shall indicate the planned location of the commercial coach, and the locations of electrical, gas, water and sewer connections on the site. The plot plan shall indicate all dimensions and setbacks from the lot lines;

b.

The number of the insignia of approval and the serial number of the commercial coach;

c.

The approved manufacturer's installation instructions specifying the following:

1.

The location and required capacity of stabilizing devices (tiedowns, piers, blocking, etc.) on which the design is based;

2.

Devices and methods to be used in connecting all components and systems, including but not limited to roofs, walls, floors and utilities;

d.

Load-bearing supports and support structures shall be designed and constructed in accordance with design requirements of the Uniform Building Code.

(2)

Plan review and site preparation and installation permit fees shall be the same as set forth in sections 1020 and 1024 of title 25 of the California Code of Regulations.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)