The purpose of this chapter is to create an expedited, streamlined
electric vehicle charging station permitting process that complies
with
Government Code Section 65850.7 to achieve timely and cost-effective
installations of electric vehicle charging stations.
(Ord. 17-08 § 2; Ord. 17-09 § 1)
A. This
section applies to applications for expedited building permits for
electric vehicle charging stations consistent with California Government
Code Section 65850.7.
B. Electric
vehicle charging stations legally established or permitted prior to
the effective date of the ordinance codified in 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 in such a way
as to require a new permit.
(Ord. 17-08 § 2; Ord. 17-09 § 1)
For the purpose of this chapter, words and terms shall be defined
as set forth in this section. Where terms are not defined in this
code and are defined in other codes, such terms shall have the meanings
ascribed to them as in those codes. Where terms are not defined through
the methods authorized by this section, such terms shall have ordinary
accepted meanings such as the context implies.
"Electric vehicle charging station" or "charging station"
means any level of electric vehicle supply equipment station
that is designed and built in compliance with Article 625 of the California
Electric Code, as it read on January 1, 2016, and delivers electricity
from a source outside of an electric vehicle into a plug-in electric
vehicle.
"Electronic submission"
means a submission of an application utilizing email, the
internet, and/or facsimile transmission.
"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 an application was deemed complete.
(Ord. 17-08 § 2; Ord. 17-09 § 1)
A. 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 shall be published on the city's website.
B. Anyone
seeking to install an electric vehicle charging station at any site
within the city shall apply to the building official for an expedited
nondiscretionary building permit.
C. 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.
Electronic signatures may be used in lieu of wet signatures.
D. An
application that, in the opinion of the building official, satisfies
the information requirements of the checklist adopted by the city
shall be deemed complete.
E. If
an application for an expedited building permit is deemed incomplete,
the building official shall provide a written correction notice of
the deficiencies and the additional information required to complete
the application.
F. If
the building official determines that an application for an expedited
building permit is complete, the building official shall review 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.
G. 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 city may require the applicant to
apply for an electric vehicle charging station use permit in order
to install the proposed charging station.
H. 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 Section 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 may not be considered.
I. A decision of the building official made pursuant to subsections
F through
H may be appealed to the planning commission in accordance to the procedures set forth in Section
17.03.090. The planning commission's review shall also be limited to health and safety issues.
J. 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. 17-08 § 2; Ord. 17-09 § 1)
The city council may establish by resolution fees that shall
be charged for permits issued under this section.
(Ord. 17-08 § 2; Ord. 17-09 § 1)