Note: Ord. 2041, 11/3/2025 repealed Ord. 1538; Ord. 1545; Ord. 1603; Ord. 1613; Ord. 1795; Ord. 1802; Ord. 1813; Ord. 1823; Ord. 1837; Ord. 1852; Ord. 1889; Ord. 1913; Ord. 1920; Ord. 1930; Ord. 1933; Ord. 1946; Ord. 1969; Ord. 1975; Ord. 1985; and Ord. 2010.
The rules, regulations and requirements published by the State of California under the title "2025 California Administrative Code," are adopted as and for the rules, regulations and standards within this city as to all matters therein contained with the following amendments.
(Ord. 2041, 11/3/2025)
Article 6 of the California Administrative Code is added to read as follows:
1-601. Construction Hours. No person shall erect (including excavation and grading), demolish, alter or repair any building or structure other than between the hours of eight a.m. and seven p.m. on weekdays, and nine a.m. and six p.m. on Saturdays, except in circumstances where continuing work beyond legal hours is necessary to building or site integrity, including (but not limited to) large concrete pours, environmental considerations, state or federal requirements, or in cases where it is in the interest of public health and safety, and then only with written approval from the building official, which shall be granted for no longer than necessary to complete the portion of the project for which the exception was granted. No person shall erect (including excavation and grading), demolish, alter or repair any building or structure on Sundays or on holidays, except in the circumstances described earlier in this paragraph, and then only with written approval from the building official, which shall be granted for no longer than necessary to complete the portion of the project for which the exception was granted. For the purpose of this section, holidays are the days set forth in Section 13.04.100 of this code. The restrictions stated in this section shall not apply to work that does not require a permit under any applicable law or regulation, or to work that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level per the BMC Chapter 10.40.
In the Bayfront Commercial (BFC), Innovative Industrial (I/I) and Rollins Road Mixed Use (RRMU) zones only, construction work may begin at seven a.m. instead of eight a.m. on weekdays. However, the use of chainsaws, jackhammers, pile-drivers or pneumatic impact wrenches shall be prohibited from seven a.m. to eight a.m., unless written approval is granted by the building official pursuant to an exception listed in the above paragraph.
(Ord. 2041, 11/3/2025)
Article 7 of the California Administrative Code is added to read as follows:
Article 7 - Streamlined permitting process for small rooftop solar system installations.
1-701. Purpose. The purpose of the 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. The section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the City of Burlingame, and expanding the ability of property owners to install solar energy systems. The section allows the City of Burlingame to achieve these goals while protecting the public health and safety.
1-702. Definitions.
"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 or cooling, or for water heating.
"Small residential rooftop solar energy system" means all of the following:
1.
A solar energy system that is no 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 of Burlingame, and all state and City of Burlingame health and safety standards including paragraph (3) of subdivision (c) of Section 714 of the Civil Code.
3.
A solar energy system that is installed on a single-family 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 of Burlingame.
"Electronic submittal" means the utilization of one or more of the following:
1.
Email; or
2.
The Internet.
"Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
"Common interest development" means any of the following:
1.
A community apartment project; or
2.
A condominium project; or
3.
A planned development; or
4.
A stock cooperative.
"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.
"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.
"Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:
1.
For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding 10 percent of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.
2.
For Photovoltaic Systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.
1-703. Applicability. This section applies to the permitting of all small residential rooftop solar energy systems in the City of Burlingame. 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 shall not require a permit.
1-704. Solar energy system requirements. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the City of Burlingame and the Central County Fire Department.
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 Code and California Mechanical Code.
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.
1-705. Submittal requirements. All documents required for the submission of an expedited solar energy system application shall be made available on the City of Burlingame website.
Electronic submittal of the required permit application and associated documents for small, residential rooftop solar energy system permits shall be by email, or the Internet. As an alternative an applicant may submit a permit application and associated documents at the Building Division front counter during regular business hours.
An applicant's electronic signature will be accepted on all forms, applications, and other documents in lieu of a wet signature.
The City of Burlingame shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems must comply to be eligible for expedited review.
The small residential rooftop solar system permit process, standard plans, and the checklist 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.
All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951.
1-706. Plan review, permit, and inspection requirements. The Building Division shall provide an administrative, nondiscretionary plan check review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of the ordinance codified in this section.
The Building Division shall process, review, and approve the application for the installation or use of a solar system in the same manner as an application for review of an architectural modification to the property, and shall not be willfully avoided or delayed.
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.
If an application for the installation of a solar system is not denied in writing within 45 days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.
The City of Burlingame Planning Division may require an applicant to apply for a use permit if the Planning Division 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 City of Burlingame Planning Commission.
Review of the permit application shall be limited to the Building Division's review of whether the application meets local, state, and federal health and safety requirements. If a use permit is required, the building official may deny an application for the use permit if the building 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, as defined, the 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 City of Burlingame Planning Commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
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 of Burlingame on another similarly situated application in a prior successful application for a permit. The City of Burlingame 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.
The City of Burlingame shall not condition approval of an application for a small residential rooftop solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code.
Only one inspection shall be required and performed by the Building Division for small residential rooftop solar energy systems eligible for expedited review. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code requirements then an additional, follow-up inspection shall be required.
If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized and required but need not conform to the requirements of this section. A separate fire inspection may be performed by the Central County Fire Department, if required. The inspection shall be done within three business days and may include consolidated inspections.
(Ord. 2041, 11/3/2025)
1-801. Purpose. The purpose of this section is to adopt an expedited, streamlined permitting process for electric vehicle charging stations that complies with California Government Code Section 65850.7 to achieve timely and cost effective processing of applications for the installation of electric vehicle charging stations. The provisions encourage the use of electric vehicle charging stations by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install electric vehicle charging stations. The provisions allow the city to achieve these goals while protecting the public health and safety.
1-802. Definitions.
"Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of the ordinance codified in this section or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
"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.
1-803. Applicability. This section applies to the permitting of all electric vehicle charging stations in the city. Electric vehicle charging stations 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 pre-existing charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
1-804. Electric Vehicle Charging Station Requirements. All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the city.
Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission and other applicable laws and regulations regarding safety and reliability.
1-805. Submittal Requirements. All documents required for the submission of an electric vehicle charging station application shall be made available on the city's website. Electronic submittal of the required permit application and documents by facsimile shall be made available to all electric vehicle charging station permit applicants. Because the city does not have an adopted electronic signature protocol as of the time of the adoption of the ordinance codified in this section, an electronic signature cannot be accepted in lieu of a wet signature on the application. However, as soon as the city adopts such a protocol, electronic signatures will be accepted on charging station applications, and the city's website and application materials will be updated accordingly.
The city's building division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s), and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the California State Office of Planning and Research.
For purposes of calculating permit fees under the city's adopted master fee schedule, the value to be used in computing the electric vehicle charging station permit and plan review shall be the total value of all construction work for which the permit is issued as well as any other equipment. The determination of value or valuation under any of the provisions of this section shall be made by the building official.
1-806. Plan Review, Permit, and Inspection Requirements. The building official shall implement an administrative review process to expedite approval of electric vehicle charging stations. Only permits or approvals that conform to all applicable provisions of this chapter and Title 18, including design review, shall be issued. The building official or designated staff members shall make determinations of conformance. Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.
The building official may require an applicant to apply for an "electric vehicle charging station use permit" if the building official makes written findings that the proposed electric vehicle charging stations could have a specific, adverse impact upon public health and safety. The building official's decision may be appealed to the city planning commission.
If an electric vehicle charging station use permit is required, the building official may only deny an application for the electric vehicle charging station use permit if the official makes written findings based upon substantial 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 adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. The building official's decision may be appealed to the city planning commission.
If the building official issues an electric vehicle charging station use permit, the permit may include conditions designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
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.
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. A separate fire inspection may be performed by the Central County Fire Department, if required.
(Ord. 2041, 11/3/2025)