[Added by Ord. No. 1199-21, eff. September 2, 2021]
The purpose of this chapter is to promote and encourage the
use of electric vehicles by creating an expedited, streamlined permitting
process for electric vehicle charging stations while promoting public
health and safety in a manner consistent with California Government
Code section 65850.7.
[Added by Ord. No. 1199-21, eff. September 2, 2021]
ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION
Any level of electric vehicle supply equipment station that
is designed and built in compliance with Article 625 of the California
Electrical Code, and any subsequent amendments thereto, and delivers
electricity from a source outside an electric vehicle into a plug-in
electric vehicle.
SPECIFIC, ADVERSE IMPACT
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.
[Added by Ord. No. 1199-21, eff. September 2, 2021]
(a)
The electric vehicle charging station shall meet the 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 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.
[Added by Ord. No. 1199-21, eff. September 2, 2021]
(a)
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 with 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.
[Added by Ord. No. 1199-21, eff. September 2, 2021]
(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.
[Added by Ord. No. 1199-21, eff. September 2, 2021]
(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 pursuant to Article
4 of Chapter 8 of Title 9 to the City of Avalon Municipal Code. 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.
(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
Civil Code Section 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 Government
Code Section 65850.7, as may be amended, approve the application and
issue all necessary permits.