(a) This section implements Section 65850.7 of the California Government Code relating to a streamlined permitting process for electric vehicle (EV) charging stations.
(b) The following words and phrases used in this section are defined as follows:
(1) "Electronic submittal" means the utilization of e-mail, the internet and/or facsimile to file an application.
(2) "Electric vehicle 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, as it reads on the effective date of this Section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(3) "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.
(4) "A 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.
(c) An electric vehicle charging station shall meet all applicable health and safety standards and requirements imposed by local and State permitting authorities.
(d) An electric vehicle charging station 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 underwriters' laboratories, and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(e) Section 65850.7 of the California Government Code provides that EV charging stations shall be approved ministerially through a nondiscretionary building permit unless the City makes a finding, based on substantial evidence, that the EV charging station would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse, impact. A use permit may be required pursuant to such a finding.
(f) In accordance with Government Code Section 65850.7, the Building Official shall establish a checklist of all requirements with which electrical vehicle charging stations shall comply in order to be eligible for expedited review. The City's checklist shall be published on the City's website. The Building Official shall implement an expedited administrative permit review process for electrical vehicle charging stations, in which completed applications meeting all checklist requirements shall require residential permits to be issued within one business day, and commercial permits to be issued within ten business days.
(g) The applicant may submit the permit application and associated documentation to the Building Division of the Community Development Department by personal appearance, regular mail, or electronic submittal, with required permit processing fees as adopted by City Council Resolution. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.
(h) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have any specific, adverse impact on public health and safety. Verification by the applicant includes but is not limited to: electrical systems capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits, and; areas of charging station equipment and vehicle parking.
(i) A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete. Upon confirmation by the Building Official that the permit application and supporting documents meet requirements of the adopted checklist and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue the necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until all necessary inspections have been completed and approved. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(j) It is the intent of this section to encourage the installation of electric vehicle charging stations by removing obstacles to permitting charging stations so long as the action does not supersede the Building Official's authority to address the higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could 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 as defined in this section, the applicant shall apply for a use permit.
(k) The decision of the Building Official pursuant to subdivision (i) above may be appealed to the Planning Commission pursuant to Article 18, Chapter 4, of Title 9 of the Thousand Oaks Municipal Code.
(l) In accordance with Government Code Section 65850.7(h), the Building Official shall not condition approval for any electrical vehicle charging station permit on the approval of such charging station by an association, as that term is defined in Section 4080 of the Civil Code.
(Part 2, Ord. 1676-NS, eff. February 28, 2020)