Chapter 6.35
EXPEDITED REVIEW OF ELECTRIC VEHICLE CHARGING STATION PERMITS
Sections:
6.35.040 Permit review process.
6.35.050 Electric vehicle charging station requirements.
6.35.010 Purpose.
The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. Review of electric vehicle charging stations shall be limited to health and safety requirements found under local, state, and federal law. (Ord 950 § 2, 2024).
6.35.020 Applicability.
This chapter 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 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 an electric vehicle charging system in such a way as to require new permitting. (Ord 950 § 2, 2024).
6.35.030 Definitions.
“Electric vehicle charging station” or “charging station” shall mean any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“Feasible method” shall mean a method to satisfactorily mitigate or avoid a specific, adverse impact including, but not limited to, any cost-effective method, condition, or mitigation imposed by the city on a prior, similarly situated permit application.
“Specific, adverse impact” shall mean 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 950 § 2, 2024).
6.35.040 Permit review process.
A. If the building official determines that a permit application satisfies all the requirements found in the city’s adopted checklist and is consistent with all applicable health and safety standards, the application shall be deemed complete and shall be promptly processed.
B. If the building official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant within five business days for projects with 25 or fewer charging stations and within 10 business days for projects with more than 25 charging stations. The written correction notice shall detail all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. A correction notice may be in the form of a printed document, electronic mail, or “red line” corrections on the submitted plans.
C. In conjunction with the application process, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety or building occupants. Verification by the applicant includes, but is not limited to, the following documentation: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.
D. Consistent with California Government Code Section 65850.7, the building official shall allow for electronic submittal via email, the internet, or facsimile of permit applications covered by this chapter and associated supporting documentation. In accepting such permit applications, the building official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant; provided, that the city has the software necessary to accept electronic signatures.
E. Approval for any electric vehicle charging station permit shall not be conditioned on the approval of an association, as that term is defined by California Civil Code Section 4080.
F. Approval of the permit does not authorize an applicant to energize or utilize the electric vehicle charging station until the required inspection and approval to energize the system is granted by the city. The inspection shall be performed in a timely manner and include consolidated inspections, if required.
G. The building official may require an applicant to apply for a conditional use permit if the building official makes a finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health and safety. The building official’s decision to require a conditional use permit may be appealed by the applicant to the planning commission pursuant to Chapter 9.60 BGMC.
H. The city may not deny an application for a conditional 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 for preventing the adverse impact. Such decisions may be appealed pursuant to Chapter 9.60 BGMC.
I. An application to install an electric vehicle charging station shall be deemed approved if, for projects with 25 or fewer charging stations, 20 business days have passed since the application was deemed complete or, for projects with 26 or more charging stations, 40 business days have passed since the application was deemed complete, and all of the following are true:
1. The building official has not administratively approved the application.
2. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a conditional use permit.
3. The building official has not denied the permit.
4. An appeal has not been made to the city planning commission. (Ord 950 § 2, 2024).
6.35.050 Electric vehicle charging station requirements.
A. All electric vehicle charging stations and associated equipment shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the Bell Gardens Municipal Code, the state, the fire department, the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, rules of the Public Utilities Commission or an electric utility regarding safety and reliability, and any applicable federal laws including the Americans with Disabilities Act.
B. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle supply equipment shall be considered a continuous load.
C. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.
D. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment. (Ord 950 § 2, 2024).