(A) Applicability and Purpose. This section applies to applications for expedited building permits for electric vehicle charging station systems in the City consistent with California Government Code § 65850.7.
(B) Definitions. The definitions set forth below shall be applicable to the provisions in this section.
(1) BUILDING OFFICIAL means the city’s designated authority charged with the administration and enforcement of this section.
(2) ELECTRONIC SUBMITTAL means the utilization of one or more of either electronic mail, the internet or facsimile.
(3) ELECTRIC VEHICLE CHARGING STATION SYSTEM means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads as of January 1, 2016, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(4) 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 City on another similarly situated application in a prior successful application for a similar permit.
(5) 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.
(C) Electric Vehicle Charging Station System Expedited Building Permit Review Process.
(1) Anyone seeking to install an electric vehicle charging station system at any site within the City may apply to the Building Official for an expedited nondiscretionary building permit.
(2) 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.
(3) 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 as specified on the City’s website. Electronic signatures may be used in lieu of wet signatures.
(D) Additional Electric Vehicle Charging System Requirements.
(1) All electric vehicle charging systems shall meet all applicable health and safety standards and requirements, including, but not limited to, any requirements imposed by the State, local fire department, California Building and Electrical Code, this Code, and Federal laws, including the Americans with Disability Act.
(2) Prior to submitting an application, the applicant shall verify the electric vehicle charging system meets all applicable safety and performance standards established by , 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.
(E) Application Review.
(1) An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance when the Building Official determines that the application satisfies all the requirements contained in the city’s checklist(s), including complete supporting documents.
(2) If an application is deemed incomplete, a written correction notice will be sent to the applicant within ten (10) working days of the City’s determination detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance for resubmission.
(3) 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.
(4) 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.
(5) 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 § 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. In addition, consistent with Government Code § 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 § 4080.
(6) A decision of the Building Official made pursuant to subsections (3), (4) or (5) of this paragraph (E) 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.
(7) 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. 1760, passed 4-7-21)