Chapter 15.19
ELECTRIC VEHICLE CHARGING STATIONS
Sections:
15.19.040 Electric vehicle charging station system requirements.
15.19.050 Duties of the Building Division and Chief Building Official.
15.19.060 Permit review requirements.
15.19.010 Purpose.
The purpose of this chapter is to adopt an expedited, streamlined electric vehicle charging station permitting process that complies with Assembly Bill (AB) 1236 (Chapter 598, Statutes 2015) and Assembly Bill (AB) 970 (Chapter 710, Statutes 2021) to achieve timely and cost-effective installations of electric vehicle charging stations. The provisions of this chapter 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 of this chapter further allow the City to achieve these goals while protecting the public’s health, welfare and safety. (Ord. 2022-26 § 13, 2022; Ord. 2017-10 § 1 (part), 2017)
15.19.020 Applicability.
A. This chapter applies to the permitting of all electric vehicle charging station systems in the City.
B. Electric vehicle charging station systems 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 station system. Routine operation and maintenance or like-kind replacements of electric vehicle charging stations shall not require a permit. (Ord. 2017-10 § 1 (part), 2017)
15.19.030 Definitions.
A. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
B. “Electronic submittal” means the utilization of one or more of the following:
1. Email;
2. The Internet; or
3. Facsimile.
C. “Common interest development” means any of the following:
1. A community apartment project;
2. A condominium project;
3. A planned development; or
4. A stock cooperative.
D. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, or any successor regulation, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
E. “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.
F. “Community Readiness Guidebook” means the guidebook published by the Office of Planning and Research, with recommendations in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California.” (Ord. 2017-10 § 1 (part), 2017)
15.19.040 Electric vehicle charging station system requirements.
A. All electric vehicle charging station systems shall meet applicable health and safety standards and requirements imposed by the state and the California Fire Code, as adopted and amended by the City.
B. Electric vehicle charging station systems shall be certified by an accredited listing agency as defined by the California Electrical Code.
C. Electric vehicle charging station systems 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 rules of Public Utilities Commission regarding safety and reliability. (Ord. 2017-10 § 1 (part), 2017)
15.19.050 Duties of the Building Division and Chief Building Official.
A. All documents required for the submission of an expedited electric vehicle charging station system application shall be made available on the publicly accessible City website.
B. 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 system permit applicants.
C. An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
D. The electric vehicle charging station system permit process and checklist(s) shall substantially conform to recommendations for expedited permitting, including the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the most current version of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.
E. The City Council, by resolution, may establish a fee for the processing of electric vehicle charging station system applications. (Ord. 2017-10 § 1 (part), 2017)
15.19.060 Permit review requirements.
A. The Building Division shall administratively approve an application to install electric vehicle charging stations through issuance of a building permit or similar nondiscretionary permit.
B. The Chief Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the electric vehicle charging station system could have a specific, adverse impact upon the public health and safety.
C. 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.
D. If a use permit is required, the City may deny an application for the use permit if the City 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.
E. Decisions regarding an electric vehicle charging station system permit application may be appealed to the Planning Commission pursuant to Chapter 20.64, or any successor chapter.
F. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
G. The City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the California Civil Code, or any successor statute.
H. 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.
I. The following timeline is established for the application for permits for electric vehicle charging stations.
1. An application to install an electric vehicle charging station submitted to the Building Official shall be deemed complete if, after the applicable time period described in subsection (I)(2) of this section has elapsed, both of the following are true:
a. The Building Official has not deemed the application complete, consistent with the checklist created by the City pursuant to Section 15.19.050.
b. The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subsection (H) of this section.
2. For the purposes of subsection (I)(1) of this section, “Applicable time period means” either of the following:
a. Five business days after submission of the application to the City, if the application is for at least one, but not more than twenty-five (25) electric vehicle charging stations at a single site.
b. Ten (10) business days after submission of the application to the City, if the application is for more than twenty-five (25) electric vehicle charging stations at a single site.
J. The following timeline is established for the approval for permits for electric vehicle charging stations.
1. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in subsection (J)(2) of this section has elapsed and all of the following are true:
a. The Building Official has not administratively approved the application pursuant to subsection (A) of this section.
b. 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 use permit pursuant to subsection (B) of this section.
c. The Building Official has not denied the permit pursuant to subsection (D) of this section.
d. An appeal has not been made to the Planning Commission pursuant to subsection (E) of this section.
2. For the purposes of subsection (J)(1) of this section, “Applicable time period means” either of the following:
a. Twenty (20) business days after the application was deemed complete, if the application is for at least one, but not more than twenty-five (25) electric vehicle charging stations at a single site.
b. Forty (40) business days after the application was deemed complete, if the application is for more than twenty-five (25) electric vehicle charging stations at a single site. (Ord. 2022-26 § 13, 2022; Ord. 2017-10 § 1 (part), 2017)