[1]
Prior legislation: Ord. 15-2041.
The city adopts the 2022 Edition of the California Building Code, Volumes 1 and 2, including Appendices B, D, F, I, J, N, O and P, together with the amendments provided in this chapter, for the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all nonresidential buildings and/or structures in the city. Said code shall be and become the Covina building code.
One copy of said code is on file in the office of the city clerk, and is hereby referred to, adopted, and made a part hereof as if fully set out in this chapter.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010)
Subsection 101.4 of Section 101 is amended to read as follows:
101.4 Referenced codes. Whenever any of the names or terms defined in this Section is used, each such name or term shall be deemed or construed to have the following meaning within the Covina Municipal Code:
'Administrative Code' shall mean Chapter 14.03 of the Covina Municipal Code.
'Building Code' shall mean Chapter 14.04 of the Covina Municipal Code.
'Residential Code' shall mean Chapter 14.05 of the Covina Municipal Code.
'Electrical Code' shall mean Chapter 14.06 of the Covina Municipal Code.
'Mechanical Code' shall mean Chapter 14.08 of the Covina Municipal Code.
'Plumbing Code' shall mean Chapter 14.10 of the Covina Municipal Code.
'Fire Code' shall mean Chapter 14.12 of the Covina Municipal Code.
'Uniform Housing Code' shall mean Chapter 14.14 of the Covina Municipal Code.
'Uniform Code for the Abatement of Dangerous Buildings' shall mean Chapter 14.16 of the Covina Municipal Code.
'Elevator Safety Orders' shall mean Chapter 14.34 of the Covina Municipal Code.
'Technical Codes' shall mean Chapters 14.03, 14.04, 14.05, 14.06, 14.08, 14.10, 14.12, 14.13, 14.14, 14.16, 14.18, 14.20, 14.24, 14.26, 14.28, 14.30, 14.32, 14.34 and 14.44 of the Covina Municipal Code.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.040)
Subsection 105.2 is amended to read as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m2) and the height is no greater than 15 feet (4572 mm).
Oil derricks.
Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III A liquids.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.
Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and not part of an accessible route.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
Temporary motion picture, television and theater stage sets and scenery.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L) and are installed entirely above ground.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Walls constructed of masonry materials, including, but not limited to, brick, stone, block, and concrete that are 3 feet (914 mm) or less in height measured from the top of the footing to the top of the wall.
Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.
4. Low Voltage Systems: Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 1,200 watts of energy.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilating equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.050)
Subsection 105.3.2 is hereby amended to read as follows:
105.3.2 Time limitation for application. An application for which no permit is issued within 180 days following the date of application shall expire by limitation. Submittal documents and other data submitted for review may thereafter be destroyed as required by the City's records retention schedule.
The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. An application shall not be extended more than once.
An application shall not be extended if this code, or other pertinent laws or ordinances, have been amended after the date of application. In order to renew action on an application after expiration, the applicant shall resubmit submittal documents and pay a new plan review fee.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010)
Subsection 105.5 is hereby amended and subsection 105.5.1 is hereby added to read as follows:
105.5 Expiration. Except as set forth in subsection 105.5.1, every permit issued for property within the City shall expire by limitation and become null and void as follows:
If work authorized by such permit is not commenced within 365 days from the issuance date of such permit.
If work authorized by such permit is commenced within 365 days from the issuance date of such permit, such permit shall expire by limitation and become null and void if the work authorized by such permit is suspended or abandoned. For purposes of this subsection, 'suspended or abandoned' shall mean that the permittee has, for a period of 180 days or longer after commencing the work authorized by such permit, failed to make substantial progress toward completion of the work, as determined by the Building Official after inspection. The building official may, in his or her discretion, grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
In the event of permit expiration, before work authorized pursuant by the expired permit can be commenced or recommenced, a new permit shall first be obtained (hereafter, a 'renewal permit'). To obtain a renewal permit, the applicant may be required to resubmit plans and specifications, if deemed necessary by the building official and/or chief planning official. The applicant must pay all applicable fees, including, but not limited to, a plan check fee and building permit fees, in the amount then established by resolution of the city council. If renewal permits are applied for, a mandatory site inspection shall be performed by the Building and Safety Department to determine compliance of existing conditions and materials with this code. All work to be performed under a renewal permit must be performed in accordance with all applicable technical codes, regulations, laws, and ordinances in effect on the date of issuance of the renewal permit. Renewal permits are subject to expiration as set forth in paragraph above.
In the event of permit expiration, any work performed under that permit is 'unpermitted' as defined in Section 114.1 of this code, and is subject to the legalization provisions of Section 114.5 of this code.
105.5.1 Expiration – Unpermitted structures or grading. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an unpermitted structure or unpermitted grading (as defined in Sections 114.1.1 and 114.1.2 of this code) or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule, or regulation, such permit shall expire by limitation and become null and void 60 days after the date on which the permit was issued. The building official may, in his or her sole discretion, extend the validity of the permit for a period not exceeding 180 days beyond the initial 60 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit, if the building official determines that substantial progress has been made toward completing the work authorized by the permit.
[NOTE: THIS MAY CONFLICT WITH H&SC SEC. 18938.5 AND 6]
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010)
Subsection 107.1 is hereby amended to read as follows:
107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. Further, except for plans of a common interest development as defined in Section 4100 of the California Civil Code, plans need not be filed for:
1. Single or multiple dwellings not more than two (2), one stories max in height.
2. Garages and other structures appurtenant to buildings described under paragraph 1 above.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010)
Subsection 107.5 is hereby amended to read as follows:
107.5 Retention of construction documents. The building official shall maintain an official copy, which may be on microfilm, electronic media, or other type of photographic copy, of approved construction documents for every building for a period not less than 180 days from date of completion of the permitted work, or as required by the City's records retention requirements.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.070)
Subsection 109.1 is hereby amended to read as follows:
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.
When submittal documents are required by Section 107 of this code, a plan review fee shall be paid at the time of the submittal of the documents for plan review. Said plan review fees shall be established by resolution of the city council and may be amended from time to time. When plans are incomplete or structurally/architecturally changed after submittal, additional plan review fees shall be charged as established from time to time by resolution of the city council.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010)
Subsection 109.2 is hereby amended and subsection 109.2.1 is hereby added to read as follows:
109.2 Schedule of permit fees. The fee for each permit shall be established by resolution of the city council and may be amended from time to time. An additional permit application fee shall be charged for issued permit alterations.
109.2.1 Fee waiver. The City Manager, or his or her designee, may waive plan review and/or permit fees for projects that meet one or more of the following criteria:
1. Housing rehabilitation project applications approved through the Covina Redevelopment Agency's low-income housing program.
2. City projects when the contractor is expressly exempt, under the terms of the contract, from payment of such fees.
3. City projects when the permit applicant is an employee, official, or representative of the City acting in his/her official capacity.
4. Community Development Block Grant projects that have a disposition and development agreement or an economic agreement with the City.
5. Projects that utilize green building practices that meet or exceed the intent of an approved national, state, regional, or private standard, and the particular practices have been reviewed and approved by the City prior to permit application.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.080)
Subsection 109.4 is hereby amended to read as follows:
109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established from time to time by resolution of the city council in addition to the required permit fees. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in Sections 114.1.1 and 114.1.2 of this code, shall submit construction documents as set forth in Section 107 of this code.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010)
Subsection 109.6 is hereby amended to read as follows:
109.6 Refunds. The building official may authorize the refund of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit, plan review, and energy fee paid when no work has been commenced under a permit, or when an application for a permit for which a plan review fee has been paid is withdrawn.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.080)
Subsection 111.1 is amended to read as follows:
111.1 Change of occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, nor shall any person, firm, company, corporation or officer, agent, or employee thereof, permit or allow a building or structure to be used or occupied or a change in the existing occupancy classification of a building or structure or portion thereof to be made until the building official has issued a certificate of occupancy therefor as provided in this Section 111. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.090)
Subsection 111.3 is hereby amended to read as follows:
111.3 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. The fee for issuance of each temporary certificate of occupancy shall be established by resolution of the city council and may be amended from time to time.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.090)
Subsection 112.2 is hereby amended to read as follows:
112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. Each such method of temporary connection shall be submitted to the building official for review. The fee for review of each temporary connection of utilities application shall be established by resolution of the city council and may be amended from time to time.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.100)
Section 113 is hereby amended to read as follows:
SECTION 113
BOARD OF APPEALS
113.1 General. Appeals of orders, decisions, or determinations of the building official are limited to those enumerated in Section 14.04.160 of the Covina Municipal Code, and shall be filed, scheduled, and conducted in accordance with said Section.
113.2 Scope. Notwithstanding the provisions of the Technical Codes, an appeal is limited to the following orders, decisions, or determinations of the building official:
1. Denials of the proposed use of alternative materials, design, or method of construction, installation, and/or equipment;
2. Orders to Vacate and/or Not Enter a building, structure, or premises; however, such order shall not be stayed during the pendency of the appeal;
3. Orders to Demolish a building or structure; however, an order to vacate that may be issued in conjunction with the Order to Demolish shall not be stayed during the pendency of the appeal.
The right of appeal shall not exist for determinations of the building official, or his or her designee, that a violation of any provision of the Technical Codes exists in a building or structure, or portion thereof, or on any premises.
113.3 Appeal procedure.
1. Any person who is aggrieved by an order, decision, or determination of the building official, as provided in Section 113.1 of this code, may appeal said order, decision, or determination. Such appeal shall be in writing and must be filed with the city clerk within 10 business days from the date of service of the order, decision, or determination being appealed. The appeal must specify the basis for the appeal in detail, provide a mailing address and telephone number for the appellant, and include the applicable appeal fee. Appeals shall be scheduled in the manner set forth in Section 1.26.090 of the Covina Municipal Code. If a timely appeal is not received by the city clerk, the right to appeal is waived and the order, decision, or determination of the building official is deemed final and binding.
2. Appeals shall be heard before an impartial hearing officer, designated by the public works director, or his/her designee. Only those matters or issues specifically raised in the written appeal shall be considered in the hearing. The order, decision, or determination of the building official shall be prima facie evidence of the violation. The hearing officer may affirm, modify, or rescind the order, decision, or determination of the building official. Appeals before a hearing officer shall be conducted, and decisions shall be issued, in the manner set forth in Section 1.26.100 of the Covina Municipal Code.
3. Any person who is aggrieved by the decision of the hearing officer may appeal said decision to the Board of Appeals. Such appeal shall be in writing, must be filed in the same manner within the same time period, and contain the same information, as an appeal to the hearing officer, as provided in paragraph 1 above. A second appeal fee must accompany the written appeal. If a timely appeal is not received by the city clerk, the decision of the hearing officer is deemed final and binding. Failure to appeal a decision to the Board of Appeals shall constitute a failure to exhaust the aggrieved person's administrative remedy.
4. Appeals before the Board of Appeals shall be public, but shall otherwise be scheduled and conducted, and decisions shall be issued, in the same manner as an appeal before the hearing officer.
113.4 Board of Appeals.
1. The Board of Appeals shall consist of 3 members of the City of Covina Planning Commission, who shall be appointed by majority vote of the city council. Each member of the Board of Appeals shall serve for a term of 2 years, after which any member may be reappointed by the city council. There shall be no limit to the number of terms a member of the Board of Appeals may serve. Each member of the Board of Appeals shall serve at the pleasure of the city council and may be removed, at any time, by majority vote of the city council.
2. A vacancy shall occur on the Board of Appeals where, prior to the expiration of a member's then current term, one of the following occurs:
2.1. A member is unable to carry out the duties of the office, whether due to illness, absence, incapacity, or other circumstance;
2.2. A member voluntarily resigns from the Board of Appeals;
2.3. A member is removed from the Board of Appeals by the city council; or
2.4. A member is no longer qualified to sit on the Board of Appeals because he or she no longer serves on the City of Covina Planning Commission.
If a vacancy occurs on the Board of Appeals, it shall be filled by the appointment of an interim member, by majority vote of the city council, who shall serve for the remainder of the departing member's term.
113.5 Limitation on authority of Board of Appeals. The Board of Appeals shall have no authority to waive the technical requirements of this code or other Technical Codes adopted in Title 14 of the Covina Municipal Code.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 16-2059 § 1(A), 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.110)
Subsection 114.1 is hereby amended and subsections 114.1.1 and 114.1.2 are hereby added to read as follows:
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, occupy or maintain any building, structure, equipment, installation or land regulated by the Technical Codes, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of the Technical Codes.
114.1.1 Unpermitted structures. No person shall own, use, occupy, or maintain an unpermitted structure. For purposes of this subsection, 'unpermitted structure' shall be defined as any building or structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
114.1.2 Unpermitted grading. No person shall own, use, occupy, or maintain unpermitted grading. For purposes of this subsection, 'unpermitted grading' shall be defined as any land which has been excavated, cut, filled, graded, compacted, or terraced, at any point in time by any person, without the required permit(s) having first been obtained from the building official or with a valid permit as issued by the building official which subsequently expired and became null and void.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.120)
Subsection 114.4 is hereby amended to read as follows:
114.4 Violation Penalties. Any person, firm, or corporation who violates any provision of the Technical Codes, or fails to comply with any of the requirements thereof, or who erects, constructs, alters, repairs, or maintains a building, structure, installation, or equipment, or excavates, cuts, fills, grades, compacts, or maintains land in violation of approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of the Technical Codes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to the punishments set forth in Chapter 1.16 of the Covina Municipal Code.
Each and every day, or portion thereof, during which any violation of the Technical Codes occurs or continues constitutes a separate and distinct offense.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.130)
Subsection 114.5 is hereby added to read as follows:
114.5 Procedure for legalizing unpermitted structures or grading. The procedures specified within subsections 114.5.1 through 114.5.6 of this code shall be followed whenever an attempt is made to legalize an unpermitted structure or unpermitted grading.
114.5.1 Permits. Any person who wishes to legalize an unpermitted structure or unpermitted grading, as defined in subsections 114.1.1 and 114.1.2 of this code, shall obtain all applicable permits. Unpermitted structures and grading shall comply with all current Technical Codes requirements and other required approvals pursuant to the Covina Municipal Code in order to be legalized.
Permits obtained to legalize unpermitted structures or grading shall expire as set forth in subsection 105.5.1 of this code.
114.5.2 Plans. Prior to the issuance or granting of any permit to legalize an unpermitted structure, plans showing the plot plan, exterior elevations, existing structures proposed structures, and proposed finish materials shall be submitted to the chief planning official and the building official for review and approval.
114.5.3 Grading. Prior to the issuance or granting of any permit to legalize unpermitted grading, a grading and drainage plan showing the original grade and existing unpermitted grade on the premises and the existing grade on adjoining properties, and a soils report shall be submitted to the chief planning official, building official, and city engineer for review and approval.
114.5.4 Inspections. Unpermitted structures or unpermitted grading for which a permit has subsequently been obtained shall be subject to inspection by the building official in accordance with, and in the manner prescribed in, the Technical Codes. The building official may require the removal of finish materials in order to expose framing elements, electrical components, plumbing fixtures, or mechanical systems, or may require the removal of fill, to verify that installation, construction, or grading was performed in conformance with the Technical Codes.
114.5.5 Investigation. Whenever any work for which a permit is required by this code has commenced on land or in connection with any type of structure without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. For purposes of this section, 'special investigation' shall include, but is not limited to, inspecting premises and structures, reviewing permit, license, and other records of the City or other agencies, reviewing plans, taking photographs, engaging in conferences and communications with other officials of the City or other agencies, and engaging in conferences and communications with owners or other responsible persons concerning the unpermitted structure or grading.
14.5.5.1 Fee. A special investigation fee shall be paid prior to the issuance of a permit for an unpermitted structure or unpermitted grading. The fee shall be equal to the amount of time expended by City officials in undertaking the special investigation, as defined in subsection 114.5.5 of this code, charged at the hourly rate that has been established by resolution of the city council for recovery of code enforcement fees pursuant to Section 1.28.020.
The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code nor from any penalty prescribed by law.
114.5.6 Unpermitted structures or grading which cannot be legalized.
1. If the chief planning official determines that the City's zoning regulations prohibit legalization of any unpermitted structure, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
2. If the building official determines that an unpermitted structure cannot be made to conform to the current applicable Technical Codes requirements, the structure shall be demolished or, if previously permitted, restored to its original approved condition, with all requisite permits, inspections, and approvals.
3. If the building official and/or city engineer determines that unpermitted grading and/or lot drainage cannot be made to conform with current applicable Technical Codes requirements, the land shall be fully restored to the condition that preceded the unpermitted grading, with all requisite permits, inspections, and approvals.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.140)
For purposes of Appendix J, the term "building official" shall mean "building official or city engineer."
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 16-2063 § 2, 2016; Ord. 13-2027 § 2, 2013; Ord. 10-1990 § 2, 2010; Ord. 10-1978 § 1, 2010; Formerly 14.04.150)
A. 
Definitions.
1. 
"Electronic submittal"
shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(J)(2), as the same may be amended from time to time.
2. 
"Small residential rooftop solar energy system"
shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(J)(3), as the same may be amended from time to time.
B. 
Small Residential Rooftop Solar Energy System Standard Plan and Permit Application Checklist.
1. 
The city shall adopt standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. The small residential rooftop solar system standard plan(s) and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists 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.
2. 
All documents required for the submission of a small residential rooftop solar energy system permit application, the standard plan(s), and checklist(s) shall be made available on the publicly accessible city website.
3. 
Electronic permit applications shall be submitted through the method of electronic submittal specified by the building official and shall be available to all small residential rooftop solar energy system permit applicants. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
C. 
Permit Application Review.
1. 
An application that satisfies the information requirements in the checklist(s) and standard plan(s) shall be deemed complete.
2. 
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.
3. 
The building official shall issue a building permit for any complete application that meets the requirements of the approved checklist(s) and standard plan(s) as follows: within three business days for any application, or as soon thereafter as may be practicable. 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.
4. 
Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
D. 
Inspection Requirements.
1. 
Inspection requests may be submitted by electronic submittal, as required by the building official.
2. 
Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems eligible for expedited review.
3. 
The inspection shall be done in a timely manner. The building official shall use its best efforts to schedule an inspection within two business days of a request and provide a two-hour inspection window.
4. 
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.
E. 
Fees. Fees for permits and inspections associated with this chapter may be established by resolution of the city council.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 17-01 § 3, 2017)
A. 
Applicability. This section applies to applications for expedited building permits for electric vehicle charging stations consistent with California Government Code Section 65850.7.
B. 
Definitions. The following definitions shall apply for purposes of this section:
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 Electric Code, as it read on January 1, 2022, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.
2. 
"Electronic submission"
means a submission of an application utilizing email, the internet, and/or facsimile transmission.
3. 
"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 an application was deemed complete.
C. 
Process.
1. 
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 shall be published on the city's website.
2. 
Anyone seeking to install an electric vehicle charging station at any site within the city shall apply to the building official for an expedited nondiscretionary building permit.
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. Electronic signatures may be used in lieu of wet signatures.
4. 
An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the city shall be deemed complete.
5. 
If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application.
6. 
If the building official determines that an application for an expedited building permit is complete, the building official shall review 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.
7. 
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 city may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging station.
8. 
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 Section 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 may not be considered.
9. 
A decision of the building official made pursuant to subsections (C)(6) through (8) of this section may be appealed to the planning commission. The planning commission's review shall also be limited to health and safety issues.
10. 
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.
D. 
Fees. The city council may establish by resolution fees that shall be charged for permits issued under this section.
(Ord. 22-19 § 5, 2022; Ord. 19-10 § 5, 2019; Ord. 18-06 § 3, 2018; Ord. 17-11 § 3, 2017; Formerly 14.04.211)