CHAPTER 15.38
STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS
Section
15.38.040 Electric vehicle charging station requirements
15.38.050 Duties of Planning Department
15.38.060 Permit review and inspection requirements
15.38.070 Discretionary permit required
15.38.010 PURPOSE.
The purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging system permitting process to achieve timely and cost-effective installations of electric vehicle charging stations. This chapter encourages the use of electric vehicle charging stations in the City by removing unreasonable barriers, minimizing costs to property owners and expanding the ability of property owners to install electric vehicle charging stations. This chapter allows the City of Fort Bragg to achieve these goals while protecting public health and safety.
(Ord. 968, § 2, passed 06-28-2021)
15.38.020 DEFINITIONS.
As used in this chapter:
A. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
B. “Common interest development” means any of the following:
1. A community apartment project.
2. A condominium project.
3. A planned development.
4. A stock cooperative.
C. “Electric vehicle charging station” (EVCS) 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 Electrical Code, in effect on the date of permit issuance, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
D. “Electronic submittal” means the utilization of one or more of the following:
1. Email;
2. Internet;
3. Facsimile.
E. “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 a city, county, or city and county on another similarly situated application in a prior successful application for a permit.
F. “Reasonable restrictions” on an electric vehicle charging 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.
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. 968, § 2, passed 06-28-2021)
15.38.030 APPLICABILITY.
This chapter applies to the permitting of all electric vehicle charging stations in the City of Fort Bragg. Electric vehicle charging stations legally established or permitted prior to the effective date of this ordinance 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 system in such a way as to require new permitting. Routine operation and maintenance or in-kind replacements shall not require a permit.
(Ord. 968, § 2, passed 06-28-2021)
15.38.040 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS.
All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state, the City of Fort Bragg and the City of Fort Bragg Fire Department. Electric vehicle charging stations 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. 968, § 2, passed 06-28-2021)
15.38.050 DUTIES OF PLANNING DEPARTMENT.
All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly accessible City of Fort Bragg website. Electronic submittal of the required permit application and documents by email, the Internet, or facsimile shall be made available to all electric vehicle charging station permit applicants.
The City of Fort Bragg’s Planning Department shall adopt and maintain a standard plan and checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review.
The electric vehicle charging station 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 Zero-Emission Vehicles in California: Community Readiness Guidebook published by the Governor’s Office of Planning and Research.
All fees prescribed for the permitting of electric vehicle charging stations must comply with Government Code Sections 65850.55, 66015, and 66016, and State Health and Safety Code Section 17951.
(Ord. 968, § 2, passed 06-28-2021)
15.38.060 PERMIT REVIEW AND INSPECTION REQUIREMENTS.
The City of Fort Bragg Planning Department shall ensure expedited permit routing and a nondiscretionary review process of electric vehicle charging stations within 30 days of the adoption of the ordinance codified in this chapter.
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.
Review of the application shall be limited to the Community Development Director or their designee’s determination of whether the application meets local, state, and federal health and safety requirements. The Community Development Director or their designee may require an applicant to apply for a use permit if the Director finds, based on substantial evidence, that the electric vehicle charging system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the City’s Planning Commission.
(Ord. 968, § 2, passed 06-28-2021)
15.38.070 DISCRETIONARY PERMIT REQUIRED.
If the Community Development Director or their designee determines that an installation could have a specific, adverse impact upon public health and safety, a use permit shall be required and an application must be made to the planning division on the form required with all necessary information and fees.
The Planning Commission may deny the use permit only if it adopts written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
(Ord. 968, § 2, passed 06-28-2021)