The purpose of this chapter is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Cal. Gov’t Code §§ 65850.7 and 65850.71 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Cal. Gov’t Code § 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

(Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23)

   Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.

      (1)   Email;

      (2)   The internet; or

      (3)   Facsimile.

(Ord. 1271, passed 9-8-17; Am. Ord. 1321, passed 1-18-23)

   (A)   The electric vehicle charging station shall meet the applicable safety and performance standards established by the Cal. Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.

   (B)   Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

   (C)   Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

   (D)   Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

(Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23)

   Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" as published by the Governor's Office of Planning and Research. The city's adopted checklist shall be published on the city's website.

(Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23)

   (A)   Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system 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.

   (B)   A permit application that satisfies the information requirements in the city's adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the city.

   (C)   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.

   (D)   The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

(Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23)

   (A)   The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

   (B)   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, the city may require the applicant to apply for a conditional use permit. The Building Official's decision may be appealed by the applicant to the Planning Commission.

   (C)   An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would 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. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission's decision may be appealed by the applicant to the City Council pursuant to § 16.110.210.

   (D)   In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Cal. Civil Code § 4080.

   (E)   Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Cal. Gov’t Code § 65850.7, as may be amended, approve the application and issue all necessary permits.

   (F)   An application to install an electric vehicle charging station submitted to the building official of the city shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:

      (1)   The Building Official has not deemed the application complete, consistent with the checklist created by the city pursuant to Cal. Gov’t Code § 65850.7(g).

      (2)   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 subdivisions (b) and (g) of Cal. Gov’t Code § 65850.7.

   (G)   For purposes of paragraph (F), "applicable time period" means either of the following:

      (1)   Five business days after submission of the application to the city if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site.

      (2)   Ten business days after submission of the application to the city if the application is for more than 25 electric vehicle charging stations at a single site.

   (H)   An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (G) has elapsed and all of the following are true:

      (1)   The Building Official has not administratively approved the application pursuant to Cal. Gov’t Code § 65850.7(b).

      (2)   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 Cal. Gov’t Code § 65850.7(b).

      (3)   The building official of the city has not denied the use permit pursuant to Cal. Gov’t Code § 65850.7(c).

      (4)   An appeal has not been made to the Planning Commission pursuant to Cal. Gov’t Code § 65850.7(d).

   (I)   For purposes of paragraph (H), "applicable time period means" either of the following:

      (1)   Twenty business days after the application was deemed complete, if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site.

      (2)   Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

   (J)   If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city shall reduce the number of required parking spaces for existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

(Ord. 1321, passed 1-18-23)