Gilroy Municipal Code Art. VII Expedited Permitting

(a) Definitions.

(1)

A “solar energy system”

means either of the following:

a.

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.

b.

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 or cooling, or for water heating.

(2)

A “small residential rooftop solar energy system”

means all of the following:

a.

A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

b.

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 and city health and safety standards.

c.

A solar energy system that is installed on a single-family or two (2) family (duplex) dwelling.

d.

A solar panel or module array that does not exceed the maximum legal building height as defined by the city zoning ordinance, Chapter 30.

(3)

“Electronic submittal”

means the utilization of one (1) or more of the following:

a.

Email;

b.

Internet;

c.

Facsimile.

(4)

An “association”

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

(5)

A “common interest development”

means any of the following:

a.

A community apartment project.

b.

A condominium project.

c.

A planned development.

d.

A stock cooperative.

(6)

“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.

(7)

“Reasonable restrictions”

on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

(8)

“Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance”

means:

a.

For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed.

b.

For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed.

(b) Purpose. The purpose of this section 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 cost-effective installations of small residential rooftop solar energy systems. This section encourages 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 section allows the city to achieve these goals while protecting the public health and safety.

(c) Applicability.

(1) This section applies to the permitting of all small residential rooftop solar energy systems in the city.

(2) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section 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.

(d) Solar Energy System Requirements.

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

(2) 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.

(3) 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.

(e) Duties of Building and Safety Division and Building Official.

(1) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

(2) Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

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

(4) The city’s building and safety division shall 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.

(5) The small residential rooftop solar system permit process, standard plan(s), and check-list(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.

(6) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code Sections 65850.55, 66015, and 66016, and State Health and Safety Code Section 17951.

(f) Permit Review and Inspection Requirements.

(1) The city building and safety division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption of the ordinance codified in this section. The building and safety division shall issue a building permit or other nondiscretionary permit within three (3) business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan, and whenever possible shall issue a building permit the same day of receipt of a complete application that meets the requirements of the approved checklist and standard plan. The building official or planning manager may require an applicant to apply for a conditional use permit if they find, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such conditional use permit shall be decided by the planning commission, or city council upon appeal, in accordance with the Zoning Ordinance, Chapter 30. Denial of the conditional use permit application must be based on 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, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.

(2) 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.

(3) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(4) “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 permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(5) The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(6) If an application 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 permit issuance shall be sent to the applicant for resubmission.

(7) Only one (1) inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review.

(8) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a four (4) hour or less inspection window.

(9) 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.

(Ord. No. 2015-08, § 1, 8-3-2015)

(a) Definitions.

(1)

An “electric vehicle 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 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 (1) or more of the following:

a.

Electronic mail or email.

b.

The Internet.

c.

Facsimile.

(4)

An “association”

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

(5)

A “common interest development”

means any of the following:

a.

A community apartment project.

b.

A condominium project.

c.

A planned development.

d.

A stock cooperative.

(b) Purpose. The purpose of this section is to adopt an expedited electric vehicle charging station permitting process that complies with Government Code Section 65850.7. Electric vehicle charging stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in this section. This section allows the city to expedite processing for electric vehicle charging stations while protecting the public health and safety.

(c) Applicability. This section applies to the permitting of all electric vehicle charging stations located within the city limits.

(d) Electric Vehicle Charging Station Requirements.

(1) All electric vehicle charging stations shall meet the applicable health and safety standards and requirements imposed by the state and the city.

(2) Electric vehicle charging stations and associated equipment shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and all accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission, regarding safety and reliability.

(e) Duties of Building and Safety Division and Building Official.

(1) All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly available city website.

(2) Electronic submittal of the required permit application, checklist, and documents by email, the Internet, or facsimile shall be made available to all electric vehicle charging station permit applicants.

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

(4) The city’s building and safety division shall adopt a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.

(5) The electric vehicle charging station 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 electric vehicle charging station permitting guidebook adopted by the Governor’s Office of Planning and Research.

(f) Permit Review and Inspection Requirements.

(1) Expedited Review Process. Consistent with Government Code Section 65850.7, the building official shall implement an expedited administrative permit review process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The city’s adopted checklist shall be published on the city’s website.

(2) Electronic Submittals. Consistent with Government Code Section 65850.7, the building official shall allow for electronic submittal of permit applications covered by this section and associated supporting documentation. 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.

(3) Association Approval. 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 herein.

(4) Permit Application Processing. 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 meet the requirements of the city’s adopted checklist, and are consistent with all applicable laws, 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.

(5) Technical Review. It is the intent of this section 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 Government Code Section 65850.7, the building official may require the applicant to apply for a conditional use permit.

(Ord. No. 2018-11, § 1, 9-10-2018)