Chapter 5
BUILDING CODE

Sections:

Article I. In General

5-1.    Short title.

5-2.    Purpose.

5-3.    Territorial applicability.

5-4.    Scope of chapter.

5-5.    Liability of county.

5-6.    Administration and enforcement.

5-6.1.    Interpretations and definitions.

5-6.2.    Board of supervisors as board of appeals.

5-6.3.    Persons permitted to appeal.

5-6.4.    Procedures to appeal and limitation.

5-6.5.    Costs of expert testimony or services for board of appeals.

5-7.    Penalties for violation.

Article II. Adoption of California Codes

5-8.    California Building Standards Code.

5-9.    California Mechanical Code.

5-10.    California Electrical Code.

5-11.    California Plumbing Code.

5-12.    California Fire Code.

5-13.    California Residential Code.

5-14.    California Energy Code.

5-15.    California Green Building Standards Code.

5-16.    California Referenced Standards Code.

Article III. Plan Check and Building Permit Fees

5-23.    Findings and determination.

Article IV. Small Residential Rooftop Solar Energy Systems

5-30.    Purpose.

5-31.    Definitions.

5-32.    Applicability.

5-33.    Solar energy system requirements.

5-34.    Applications and documents.

5-35.    Permit review and inspection requirements.

5-36.    Permit fees.

Article V. Electric Vehicle Charging Station Permitting Process

5-40.    Purpose.

5-41.    Applicability.

5-42.    Definitions.

5-43.    Electric vehicle charging station requirements.

5-44.    Application standards.

5-45.    Expedited permitting process and permit review.

Article I. In General

5-1 Short title.

This chapter shall be known and may be referred to in all proceedings as the “Colusa County Building Code.” (Ord. No. 744, § 2 (part).)

5-2 Purpose.

The purpose of this chapter is to enact regulations relating to buildings and structures, imposing restrictions thereon and to provide for their enforcement. (Ord. No. 744, § 2 (part).)

5-3 Territorial applicability.

The provisions of this chapter shall apply to all of the unincorporated territory of Colusa County. (Ord. No. 744, § 2 (part).)

5-4 Scope of chapter.

Nothing contained in this chapter shall be construed to prevent any person from performing his own building, plumbing or electrical work when performed with the permits and in compliance with the provisions of this chapter. (Ord. No. 744, § 2 (part).)

5-5 Liability of county.

This chapter is not to be construed as imposing upon the county of Colusa any liability or responsibility for damages resulting from defective building, plumbing or electrical work; nor shall the county of Colusa or any official or employee thereof be held to assume any special liability or responsibility by reason of the inspection authorized hereunder. (Ord. No. 744, § 2 (part).)

5-6 Administration and enforcement.

This chapter shall be administered and enforced by the Colusa County department of community development. (Ord. No. 744, § 2 (part): Ord. No. 790, § 9.)

5-6.1 Interpretations and definitions.

(a) In the event of any conflicts or differences between the California Building Codes and any other California Code adopted by reference hereby, the provisions of the California Building Code shall govern.

(b) “California Codes” means those codes which are permitted or required to be adopted by reference pursuant to California Government Code Section 50022 et seq.

(c) “Director” means the director of Colusa County department of planning and building or his or her designee.

(d) “Board” means board of appeals. (Ord. No. 744, § 2 (part).)

5-6.2 Board of supervisors as board of appeals.

In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of the California Codes, the Colusa County board of supervisors is hereby designated as a board of appeals. The director of planning and building shall act as secretary to the board. (Ord. No. 744, § 2 (part).)

5-6.3 Persons permitted to appeal.

Persons permitted to appeal pursuant to section 5-6.2 are limited to:

(a) Applicants for permits issued by the Colusa County department of planning and building; and

(b) The authorized representative of the fire protection district which has jurisdiction for fire protection over the land or building for which the permit is sought. (Ord. No. 744, § 2 (part).)

5-6.4 Procedures to appeal and limitation.

(a) Prior to bringing an appeal pursuant to section 5-6.2, the party proposing to appeal must meet and confer with the director. At such meeting, the party proposing to appeal and the director will endeavor to resolve the dispute or disputes concerning the requirements at issue in the California Codes. If the parties fail to reach agreement, the director shall, within five days of such meeting, send written notice of his or her decision concerning the disputed requirements to the party proposing to appeal.

(b) Said party shall, within ten days from the date said notice was deposited in the mail, file a notice of appeal with the board clerk. The notice of decision of the director shall be attached as an exhibit to the notice of appeal. The notice of appeal shall state the precise grounds on which the appeal is based.

(c) In no event shall an appeal pursuant to sections 5-6.2 et seq. be filed, submitted, argued, or determined where the timing thereof would conflict with the provisions of the California Permit Streamlining Act, commencing with California Government Code Section 65920. Furthermore, such appeal shall be filed and determined within the time prescribed herein prior to the issuance of the permit under review by the Colusa County planning commission or the Colusa County department of planning and building, as the case may be.

(d) Appeals shall be made in writing and the appellant may appear in person before the board of appeals, or be represented by an attorney, and may introduce evidence to support his or her claims. Appeals shall be heard at reasonable times at the convenience of the board of appeals but no later than forty-five days after receipt of the notice of appeal. The board of appeals shall render its decision with findings within thirty days of the appeal hearing. (Ord. No. 744, § 2 (part).)

5-6.5 Costs of expert testimony or services for board of appeals.

The board of appeals is hereby authorized to seek and obtain the services of such experts as are necessary for a determination to be made on appeal. The costs of such experts shall be borne by appellant. (Ord. No. 744, § 2 (part).)

5-7 Penalties for violation.

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the Colusa County jail for a term not to exceed six months, or by both such fine and imprisonment.

Each and every day during any portion of which any provision of this chapter is violated shall be deemed to be a separate offense and shall be punishable as herein provided. (Ord. No. 744, § 2 (part).)

Article II. Adoption of California Codes

5-8 California Building Standards Code.

The California Building Standards Code in Title 24 of the California Code of Regulations, including its subparts, appendices, and any subsequent amendments to the code as may occur from time to time, is adopted by reference in whole as the building standards code for the county of Colusa. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part): Ord. No. 805, § 1.)

5-9 California Mechanical Code.

The 2016 Edition of the California Mechanical Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 4, of the California Code of Regulations, is adopted by Colusa County with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part).)

5-10 California Electrical Code.

The 2016 Edition of the California Electrical Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 3, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part).)

5-11 California Plumbing Code.

The 2016 Edition of the California Plumbing Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 5, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part).)

5-12 California Fire Code.

The 2016 Edition of the California Fire Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 9, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part).)

5-13 California Residential Code.

The 2016 Edition of the California Residential Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 2.5, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part).)

5-14 California Energy Code.

The 2016 Edition of the California Energy Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 6, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part). Formerly 5-16.)

5-15 California Green Building Standards Code.

The 2016 California Green Building Standards Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 11, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part). Formerly 5-17.)

5-16 California Referenced Standards Code.

The 2016 California Referenced Standards Code, including all its appendices, as adopted by the state of California and incorporated in Title 24, Part 12, of the California Code of Regulations, is adopted with the same force and effect as if fully set forth herein. (Ord. No. 744, § 2 (part); Ord. No. 763 § 1 (part): Ord. No. 781 § 1 (part). Formerly 5-18.)

Article III. Plan Check and Building Permit Fees

5-23 Findings and determination.

(a) The board of supervisors recognizes the department of planning and building provides plan check services and processes building permit applications for property owners, builders, contractors, and other members of the public.

(b) The board of supervisors recognizes the department of planning and building reviews building plans and inspects construction to ensure the plumbing, mechanical, electrical, and structural codes are met according to the California Code of Regulations Title 24.

(c) The board of supervisors recognizes that fees for plan check and building permits should reflect county staff’s time and materials for the services rendered.

(d) The board of supervisors recognizes that plan check and building permit fees are used to offset the costs of reviewing, inspecting, and documenting building construction.

(e) The board of supervisors finds, pursuant to California State Proposition 26, the plan check and building permit fees are imposed for a specific benefit.

(f) The board of supervisors finds, pursuant to California State Proposition 26, the plan check and building permit fees do not exceed the reasonable costs to the county of providing the service or product.

(g) The board of supervisors, by this article, adopts Table 1-A, with modification, of the 2001 California Building Code, Sections 107.2, Permit Fees, and 107.3, Plan Review Fees, by which the plan check and building permit fees are determined (see Attachment A). [Modification: Total Valuation – $1.00 to $1,700.00 = $63.00.]

ATTACHMENT A

2001 CALIFORNIA BUILDING CODE

Section 107.2 Permit Fees. The fee for each permit shall be as set forth in Table 1-A.

The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment.

Section 107.3 Plan Review Fees. When submittal documents are required by Section 106.3.2, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A.

The plan review fees specified in this section are separate fees from the permit fees specified in Section 107.2 and are in addition to the permit fees.

When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 106.3.4.2, an additional plan review fee shall be charged at the rate shown in Table 1-A.

TABLE 1-A BUILDING PERMIT FEES

TOTAL VALUATION

FEES

$1.00 to $1,700.00

$63.00

$1,701.00 to $25,000.00

$69.25 for the first $1,700.00 plus $14.00 for each additional $1,000.00 or fraction thereof and including $25,000.00

$25,001.00 to $50,000.00

$391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00

$50,001.00 to $100,000.00

$643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00

$100,001.00 to $500,000.00

$993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00

$500,001.00 to $1,000.000.00

$3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00

$1,000,001.00 and up

$5,608.75 for the first $1,000,000.00 plus $3.15 for each additional $1,000.00, or fraction thereof

Other Inspections and Fees:

1.

Inspections outside of normal business hours

(minimum charge – two hours)     

$47.00 per hr. *1

2.

Reinspection fees     

$47.00 per hr. *1

3.

Inspection for which no fee is specifically indicated

(minimum charge – one-half hour)     

$47.00 per hr. *1

4.

Additional plan review required by changes, additions or revisions to plans     

$47.00 per hr. *2

5.

For use of outside consultants for plan checking and inspection, or both     

Actual costs

*1 Or the total hours

*2 Actual costs included

(Ord. No. 750, §§ 1 – 8.)

Article IV. Small Residential Rooftop Solar Energy Systems

5-30 Purpose.

The purpose of this chapter is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the county and expanding the ability of property owners to install solar energy systems. This chapter allows the county to achieve these goals while protecting public health and safety. (Ord. No. 775, § 2.)

5-31 Definitions.

As used in this chapter:

(a) “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; or

(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.

(b) “Small residential rooftop solar energy system” means all of the following:

(1) A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty 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 county, and all state and county health and safety standards;

(3) A solar energy system that is installed on a single- or two-family dwelling; and

(4) A solar panel or module array that does not exceed the maximum legal building height as defined by the county.

(c) “Electronic submittal” means the utilization of electronic email or submittal via the Internet.

(d) “Specific, adverse impact” means a significant, quantifiable, direct, 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.

(e) “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.

(f) “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 ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

(2) For photovoltaic systems: an amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed. (Ord. No. 775, § 2.)

5-32 Applicability.

(a) This chapter applies to the permitting of all small residential rooftop solar energy systems in the unincorporated territory of the county.

(b) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in 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. 775, § 3.)

5-33 Solar energy system requirements.

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

(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. 775, § 4.)

5-34 Applications and documents.

(a) All documents required for the submission of an expedited solar energy system application will be made available on the county website.

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

(c) The county’s department of planning and building (the “department”) will adopt a standard plan and checklist for all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(d) The small residential rooftop solar system 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 Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research. (Ord. No. 775, § 5.)

5-35 Permit review and inspection requirements.

(a) The department shall implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The department shall issue a building permit, the issuance of which is nondiscretionary, on the same day for over-the-counter applications or within one to three business days for electronic applications upon receipt of fees, which must be paid in person as the department does not have electronic capabilities to accept payments. The application must meet the requirements of the approved checklist and standard plan.

(b) Review of the application shall be limited to the chief building official’s review of whether the application meets local, state, and federal health and safety requirements.

(c) If a minor use permit is required, the county may deny such application if it 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 planning commission.

(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.

(e) “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 county on another similarly situated application in a prior successful application for a permit. The county 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.

(f) 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.

(g) Only one inspection shall be required and performed by the 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.

(i) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.

(j) Each application, to be considered complete, must be accompanied by a completed checklist form (Exhibit A). (Ord. No. 775, § 6.)

5-36 Permit fees.

Permits for small residential rooftop solar energy systems will not be issued without the payment of a permit fee. The permit fee for rooftop solar energy systems shall be based on the average reasonable cost to the county to evaluate the system including, but not limited to, inspection and related clerical staff time. The permit fee for small residential rooftop solar systems is a flat fee of two hundred ten dollars. (Ord. No. 775, § 7.)

Exhibit A

(Ord. No. 775, Exh. A.)

Article V. Electric Vehicle Charging Station Permitting Process

5-40 Purpose.

The purpose of this article is to adopt an expedited, streamlined permitting process that complies with AB 1236 and AB 970, codified in Government Code Sections 65850.7 and 65850.71, to achieve timely and cost-effective installation of electric vehicle charging stations. This article encourages the installation and use of electric vehicle charging stations by removing obstacles to and minimizing the cost of permitting for charging stations, and by expanding the ability of property owners and businesses to install electric vehicle charging stations. This article allows the county of Colusa to achieve these goals while protecting the public health and safety. (Ord. No. 828, § 2.)

5-41 Applicability.

This article applies to the permitting of electric vehicle charging stations in the unincorporated territory of the county of Colusa. Electric vehicle charging stations legally established or permitted prior to the implementation of this expedited permitting process are not subject to the requirements of this article unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting. (Ord. No. 828, § 2.)

5-42 Definitions.

For the purpose of this article, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.

(a) “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 county of Colusa on another similarly situated application in a prior successful application for a permit.

(b) “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

(c) “Building official” means the officer or other designated authority charged with the administration and enforcement of the county of Colusa building code, or a duly authorized representative.

(d) “Community development department” means the county of Colusa department which includes the planning and building unit division that is responsible for issuance of building permits within the unincorporated county area.

(e) “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with the California Electrical Code, as it reads on the effective date of the ordinance codified in this article or as it may be amended and/or renumbered thereafter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(f) “Electronic submittal” means the utilization of one or more of the following:

(1) Email;

(2) The internet; or

(3) Facsimile.

(g) “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. 828, § 2.)

5-43 Electric vehicle charging station requirements.

(a) All electric vehicle charging stations shall meet applicable health and safety standards and requirements of local, state and federal law.

(b) The establishment of electric vehicle charging stations shall be determined to be a “permitted” or “accessory use” consistent with the Colusa County zoning code.

(c) There is not a violation of record for any structures associated with the application under review.

(d) 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 regarding safety and reliability. (Ord. No. 828, § 2.)

5.44 Application standards.

(a) The building official of the county of Colusa or his/her designee shall facilitate an expedited permitting process to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit.

(b) The building official shall establish a checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. The checklist and all required permitting documentation shall be published on the county of Colusa’s internet website.

(c) In developing the expedited permitting process and checklist, the building official may refer to the recommendations contained in the most recent version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the state of California’s Office of Planning and Research. The building official may modify the checklist and standards found in the guidebook due to unique climatic, geological, seismological, or topographical conditions.

(d) Electronic submittal of the required permit application and supporting documents shall be made available for all electric vehicle charging station permit applications. The method of electronic submittal shall be at the county of Colusa’s discretion. (Ord. No. 828, § 2.)

5.45 Expedited permitting process and permit review.

(a) The applicant may submit the permit application and supporting documentation for an electric vehicle charging station to the community development department by electronic submittal. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications, and other documents may be used in lieu of a wet signature. If at the time of a permit application the County’s supporting technology does not facilitate electronic signatures, the county, at its discretion, may authorize the acceptance of either electronic signature or wet signature.

(b) A permit application and supporting documentation that satisfy the information requirements in the checklist, as determined by the building official, shall be deemed complete. Upon making the determination of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information that is required to be eligible for expedited permit issuance.

(c) Upon confirmation by the building official that the application is complete and meets the requirements of the checklist and is consistent with this article, the building official shall administratively approve the application and issue all required permits or authorizations. The building official may establish a process to prioritize competing applications for expedited permits.

(1) If the county of Colusa 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, the county of Colusa may require the applicant to apply for a use permit in accordance with Colusa County zoning code section 44-1.80.030.

(2) The county of Colusa may withhold issuance of the use permit or administrative approval if there is a violation on record for any structure associated with the application under review.

(3) The county of Colusa shall not condition approval for any electric vehicle charging station permit on the approval of an electric vehicle charging station by an association, as that term is defined in California Civil Code Section 4080.

(d) The county of Colusa shall not deny an application for a use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

(e) Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific adverse impact upon the public health or safety at the lowest cost possible.

(f) This expedited permitting process is intended to apply only to applications for permits for electric vehicle charging stations and will not expedite the review of any other permit applications.

(g) The building official’s decision pursuant to subsection (c) or (d) of this section may be appealed to the county of Colusa planning commission in accordance with county of Colusa zoning code section 44-1.80.080. (Ord. No. 828, § 2.)