Chapter 15.100
EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING
Sections:
15.100.030 Expedited review process.
15.100.040 No requirement for association approval.
15.100.010 Purpose.
The purpose of this chapter is to provide for expedited processing of applications for electric vehicle charging stations in compliance with Government Code Section 65850.7. [Ord. 352 § 1, 2017.]
15.100.020 Definitions.
The following definitions shall apply for purposes of this chapter:
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with California Electric Code Article 625, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.
B. “Electronic submission” means a submission of an application utilizing email, the internet, and/or facsimile transmission.
C. “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. [Ord. 352 § 1, 2017.]
15.100.030 Expedited review process.
A. 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 to process an application shall be published on the city’s website.
B. Anyone seeking to install an electric vehicle charging station at any site within the city may apply to the building official for an expedited nondiscretionary building permit.
C. 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.
D. 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.
E. 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.
F. If the building official determines that an application for an expedited building permit is complete, the building official shall process 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.
G. 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 applicant must apply for an electric vehicle charging station use permit in order to install the proposed charging station.
H. 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 shall not be considered.
I. A decision of the building official made pursuant to subsections (F) through (H) of this section may be appealed to the planning commission. The planning commission’s review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.
J. 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. [Ord. 352 § 1, 2017.]
15.100.040 No requirement for association approval.
Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by a homeowners association, as that term is defined by Civil Code Section 4080. [Ord. 352 § 1, 2017.]